22Īn application of the judicial notice doctrine figured in the chain of factual findings that led Jefferson District Judge Donald E. Virginia Department of Forensic Science, Breath Alcohol Section, Breath Test Operator Instructional Manual, Intoxilyzer Model 5000 (2005). Idaho State Police, Standard Operating Procedure, Breath Alcohol Testing (2009). Commissioner of Public Safety, 706 N.W.2d 231 (Minn.
Stanley Billingsley and Wilbur Zevely, Kentucky Driving Under the Influence Law (2001).
#CMI INTOXILYZER 300 MANUAL MANUAL#
Intoxilyzer 5000EN: Breath Analysis Instrument Operator’s Manual (Kentucky Model). 15Ī belch or burp is an “oral … intake of substances which will affect the test,” and such an occurrence requires the application of a new twenty-minute observation period.Ĭommonwealth v. The manufacturer’s manual for the Intoxilyzer 5000EN is an “authoritative source” for judicially-noticed facts.Ĭlay v. 10Ī judge may take judicial notice of a fact that comes from the judge’s personal knowledge, provided the noticed fact satisfies KRE 201(b)’s requirements. Lawson, The Kentucky Evidence Law Handbook, (4th ed. KRE 201 codifies the common law of judicial notice applies equally to jury- and bench-trials and permits a judge to take notice of a fact sua sponte, at the end of trial, and without prior notice to the parties. KRE 201 defines the facts that qualify for judicial notice. When certifying the law on the Commonwealth’s motion after an acquittal, this Court determines the proper construction of a statute or rule, not whether the application of the law was strictly correct in the particular case.Ĭommonwealth v. The Court’s Order of May 10, 2010, advised that the case would stand submitted on the briefs, without oral argument.Ĭounterstatement of Points and Authorities _Ĭertification of Law from the Jefferson District Court The undersigned does also certify that the record on appeal has been returned to the Jefferson District Court Clerk before this date. Jefferson Street, Louisville, Kentucky 40202. Jefferson Street, Louisville, Kentucky 40202 Ben Wyman, Assistant County Attorney, 600 W. Armstrong, Jefferson District Court, Jefferson Hall of Justice, 600 W. The undersigned does hereby certify that copies of this brief were served upon the following named individuals by United States mail on August 16, 2010: Hon.