Commonwealth v. Rhodes

DYCHE, Judge.

The Commonwealth of Kentucky has been granted discretionary review of the Nelson Circuit Court’s judgment reversing James Rhodes Ill’s conviction for driving under the influence. We affirm in part, reverse in part and remand to the Nelson District Court.

On September 11, 1993, Kentucky State Trooper Mitch Gosser noticed appellee driving erratically. The trooper decided to pull Rhodes over on suspicion of drunk driving, but Rhodes had other plans. Rhodes finally stopped his vehicle in the parking lot of a Holiday Inn. Gosser administered three field sobriety tests and a preliminary…