Legal Opinion
Commonwealth v. Gaitherwright
Kentucky Supreme Court
Decided March 21, 2002No. 2001-SC-0132-CLPublishedCited by 22 opinions
1Opinion of the Court
GRAVES, Justice.
Pursuant to Ky. Const. § 115 and CR 76.37(10), the Commonwealth has petitioned this Court for a certification of the law regarding the following issue: Whether the refusal to submit to a breath, blood or urine test on a first offense DUI charge is an aggravating circumstance under KRS 189A.010(ll)(e) which, if found to have occurred, subjects the defendant to enhanced penalties pursuant to KRS 189A.010(5)(a).
In October 2000, Respondent, Joseph Gaitherwright, was charged with Driving While Under the Influence, first offense, KRS 189A.010(l)(b). Respondent refused to submit to a…
2Cases cited3 opinions
- Gateway Construction Company v. WallbaumCourt of Appeals of Kentucky (pre-1976) · 1962
- Beckham v. Bd. of Educ. of Jefferson Cty.Kentucky Supreme Court · 1994
- Commonwealth v. FrodgeKentucky Supreme Court · 1998
3Cited by22 opinions
- Brownell Combs, Ii, Administrator C.T.A. Of the Estate of Leslie Combs, Ii, Deceased v. International Insurance CompanyCourt of Appeals for the Sixth Circuit · 2004
- Peterson v. ShakeKentucky Supreme Court · 2003
- Carter v. SmithKentucky Supreme Court · 2012
- Commonwealth, Cabinet for Health Services v. Family Home Health Care, Inc.Court of Appeals of Kentucky · 2003
- Doyle v. DoyleMissouri Court of Appeals · 2018
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