Stump v. Commonwealth

OPINION

MOORE, Judge.

On discretionary review, Dustin Stump seeks reversal of an appellate opinion of the Fayette Cireuit Court, affirming the Fayette District Court's denial of Stump's motion to present the result of a preliminary breath test as exculpatory evidence. Both the cireuit court and the district court decided that Kentucky Revised Statutes (KRS) 189A.104(2) specifically prohibited the introduction of such evidence at trial and that the statute was constitution, al. On discretionary review, Stump argues that this statute is unconstitutional because it violates his right to due…