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5 things to know about Kentucky court ruling s effect on DUI cases

View Comments A recent Kentucky Supreme Court ruling barring certain evidence in DUI cases has drawn sharp criticism from prosecutors, with Kentucky Attorney General Daniel Cameron recently filing a petition for a rehearing to reverse the decision. The April 29 ruling, stemming from an appeal of a DUI conviction in 2014, bars prosecutors from introducing to the jury a defendant s refusal to submit to a blood test without a warrant. The high court decision was cited this week in a successful motion to suppress such a refusal by state Rep. Derek Lewis, R-London, who was acquitted Wednesday by a Laurel County jury of his driving-under-the-influence charge.

Kentucky legislator uses a new Supreme Court ruling in successful DUI defense

Kentucky legislator uses a new Supreme Court ruling in successful DUI defense Joe Sonka, Louisville Courier Journal © LRC Public Information State Rep. Derek Lewis, R-London A Laurel County jury this week found Rep. Derek Lewis, R-London, not guilty of operating a vehicle under the influence, in a case directly impacted by a new Kentucky Supreme Court ruling that is drawing criticism from Attorney General Daniel Cameron. The high court decided April 29 that a person s refusal to submit to a warrantless blood test cannot be used by prosecutors as evidence to prove their guilt or to seek a stiffer penalty. The court ruling also said prosecutors could not introduce the refusal as a way to explain a lack of evidence showing a defendant’s blood-alcohol level was over the legal limit.

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