James Lynch v. Commonwealth of Kentucky

Summary

The court held that the Commonwealth failed to establish the great injustice or irreparable harm required for a second-class writ of prohibition because it retained other field-sobriety-test evidence and officer observations to prosecute the DUI charge. Because that prerequisite was absent, the court declined to decide whether the HGN evidence required expert testimony or a Daubert hearing. The court reversed the Court of Appeals and directed reinstatement of the circuit court's denial of the writ.