CRIMINAL – PBT Refusal: Hoppenjans v. Commonwealth (COA 11/25/2009)

Hoppenjans v. Commonwealth
2008-CA-001388 11/25/09 2009 WL 4060451
Opinion by Judge Wine; Judges Stumbo and Thompson concurred.

The Court affirmed appellant’s conviction for operating a motor vehicle under the influence of alcohol, first Offense (DUI). The Court held that although the testimony by the arresting officer that appellant refused to take a preliminary breath test (PBT) was in violation of KRS 189A.100(1), the trial court’s admonishment to the jury was sufficient to cure the error. Therefore, appellant failed to show that the trial court abused its discretion by denying his motion for a mistrial.

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