Commonwealth v. Davis

WINTERSHEIMER, Justice.

Pursuant to CR 76.37(10), the Commonwealth seeks certification of the law on the following questions:

1) Is an Intoxilyzer result admissible in a prosecution under KRS 189A.010(l)(a) and/or (e), where the subject testing component has been shown to be in proper working order, but the calibration component showed out of tolerance readings on other dates?

2) Does the decision in Owens v. Commonwealth, Ky., 487 S.W.2d 897 (1972) require the prosecution to demonstrate that all possible components of the machine are in proper working order on dates other than the date of the…