Legal Opinion
Botkin v. Commonwealth
Kentucky Supreme Court
Decided December 22, 1994No. 92-SC-657-DGPublishedCited by 5 opinions
1Opinion of the Court
LEIBSON, Justice.
Both Botkin and Storey were convicted in Fleming District Court of violating KRS 189A.010(1)(a) by operating a motor vehicle when their blood alcohol content was “0.10 or more.” This is the new per se subsection added to the driving under the influence statute, KRS 189A.010(1), effective July 1, 1991. Previously, KRS 189A.010(1) required proof the defendant was driving “under the influence of alcohol or any other substance which may impair one’s driving ability.” 1
Upon a further finding of two prior alcohol related motor vehicle convictions which were violations of KRS…
2Cases cited8 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Gryger v. BurkeSupreme Court of the United States · 1948
- Commonwealth v. HernandezSupreme Court of Pennsylvania · 1985
- Commonwealth v. GradySupreme Court of Pennsylvania · 1984
- Commonwealth v. BallKentucky Supreme Court · 1985
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Buck v. CommonwealthKentucky Supreme Court · 2010
- State v. MarshallCourt of Appeals of Utah · 2003
- O'Bryan v. CommonwealthKentucky Supreme Court · 1996
- Kohler v. CommonwealthCourt of Appeals of Kentucky · 1997
- State v. LambIdaho Court of Appeals · 2009