Walden v. Commonwealth

I respectfully dissent from that part of the majority opinion which vacates the conviction of driving under the influence, second offense. I would affirm the judgment of conviction in all respects. I also disagree with the rationale used to arrive at the affirmance because it does’ not fully state the facts or the law.

Tragically, the majority has irrevocably altered the law of Kentucky concerning double jeopardy by confusing the legal concepts underlying the two differenct terms, subsequent prosecution and multiple punishment.

Double jeopardy is a simple term understood by lawyers and lay…