McIntosh v. Commonwealth

CLAYTON, Judge:

This appeal arises from the conviction of McIntosh for driving under the influence (DUI) in violation of KRS 189A.010(1). He alleges that his conviction violates constitutional and statutory proscriptions against double jeopardy. We disagree, but reverse since there is a jurisdictional defect.

McIntosh was charged on June 29, 1988, with DUI and driving without insurance. He appeared thereafter, on July 5, 1988, before the trial commissioner of the Union District Court. At that time he entered a guilty plea to the DUI charge and was fined $200, paid his costs and surrendered his…