Tipton v. Commonwealth

McDONALD, Judge.

This matter is before us on discretionary review of a judgment of the Campbell Circuit Court in an appeal from a ruling of the Campbell District Court. The district court ruled that the Commonwealth could not admit the breathalyzer results of Timothy Tipton nor his prior conviction of driving under the influence (DUI) at the trial of his current DUI charge. The circuit court reversed. The facts are as follows:

On January 12,1987, the Campbell County police arrested Timothy Tipton, noting on the citation:

Driving under the influence breathalyzer 2000 results .16%

On a prior…