Ferguson v. Commonwealth

OPINION

CAPERTON, Judge:

Elizabeth Ferguson appeals from an order of the Carroll Circuit Court affirming the ruling of the Carroll District Court denying Ferguson’s motion to suppress the results of a breathalyzer test due to an alleged violation of KRS 189A.105(3). After a thorough review of the parties’ arguments, the record and the applicable law, we agree with Ferguson that her motion to suppress should have been granted. Accordingly, we reverse the Carroll Circuit Court’s order and remand this matter for further proceedings.

In the early morning hours of April 19, 2009, a vehicle driven by…