Nemeth v. Commonwealth

BUCKINGHAM, Judge.

We granted discretionary review of a decision from the Oldham Circuit Court reversing an order of the Oldham District Court which dismissed a DUI charge against the appellant on the ground that he should have been prosecuted under KRS 189.520 instead of KRS 189A010.

On July 4,1994, the appellant was arrested for operating a farm tractor on a highway in Oldham County while under the influence of intoxicating beverages or other substances. He was charged with DUI in violation of KRS 189A010. The Oldham District Court dismissed the charge on the grounds that a farm tractor was…