McConnell v. Commonwealth

HAYES, Chief Judge:

This is an agreed case submitted pursuant to KRS 418.020 in order to resolve the question of whether the infrared evidential breath tester technology qualifies as a “chemical test” within the meaning of KRS 186.565(1). We are in complete agreement with the decision of the trial judge that it does so qualify and hereby adopt his opinion as our own:

“This case is before the court for hearing on a petition brought By Mitch McConnell, Jefferson County Judge/Executive, J. Bruce Miller, Jefferson County Attorney, E.G. Helm, Chief, Jefferson County Police Department, and Richard…