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Kearns' lawyers ask for dismissal of DUI charge

By Sheldon Published: May 4, 2011

SAN FRANCISCO: Attorneys for Austin Kearns have filed a motion in Jessamine County (Ky.) court to dismiss a drunk driving charge stemming from an arrest Feb. 12 near Kearns' home, a few miles from Lexington, according to a Kentucky news report.

The basis for the motion is that an off-duty police officer from Lexington made the initial stop outside of his jurisdiction, which Kearns' lawyers contend made the arrest illegal. A Jessamine County sheriff's deputy eventually arrived at the scene and made the formal arrest.

Kentucky law allows officers outside their jurisdiction to make arrests if local law authorities request assistance. The motion maintains that the Jessamine County sheriff's office never officially asked the Lexington officer to stop Kearns. The motion argues that if the Lexington officer was authorized to stop Kearns, he should have made the arrest, because he was a witness to the way Kearns was driving.

Lawyers also filed a motion to dismiss a charge of driving without insurance. The case has been continued to May 17.

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