KENTUCKY DUI CHARGES DROPPED BECAUSE DRIVER WAS PASSED OUT
Jan. 25, 2011
A Kentucky DUI case took an odd turn after the presiding judge dismissed DUI charges against Michael Howard because he was asleep. Jefferson County District Judge David Armstrong ruled that, under Kentucky law, Howard should not have been charged with DUI because he was asleep and did not have physical control of the vehicle.
While Howard’s defense seems to rely on a legal loophole that states a person passed out can’t be in control of a vehicle in Kentucky, the Jefferson County prosecutors are appealing the decision to the Jefferson Circuit Court.
Top Denver DUI lawyers watching this unique case point out that this type of DUI defense won’t fly in Colorado because the courts are clear that you can be in control of a vehicle while sleeping.
To read more, see WLKY online article.