Commonwealth v. Long

McANULTY, Judge.

The Commonwealth appeals the Circuit Court’s order dismissing this driving under the influence case based on a denial of Jennifer Long’s (Long) right to an independent blood test under Kentucky Revised Statutes (KRS) 189A.108(7). This matter originated in Fayette District Court, was appealed by Long to Fayette Circuit Court, and is now before us upon our grant of discretionary review. After our review of the statute, we conclude that the district court erred in applying the provisions of KRS 189A.103 to Long. Thus, we affirm the circuit court’s dismissal.

On October 19, 2001,…