Foley v. Commonwealth

OPINION

DIXON, Judge.

Appellant, Edwin Leonard Foley, was convicted in the Hardin Circuit Court of first-degree fleeing and evading, first-offense driving under the influence, and possession of an open container of alcohol in his vehicle. He was sentenced to one year imprisonment and appeals to this Court as a matter of right. Because we conclude that the charge of fleeing and evading should have been dismissed, we reverse Appellant’s conviction and remand the matter to the trial court.

On April 6, 2005, Radcliff Police Officer Chris Thompson observed Appellant driving erratically on U.S. 31 W…