Commonwealth v. CurryAnnotate this Case
The Supreme Court held that Ky. Rev. Stat. 189.390 subsections (3)-(5) do not violate the due process provisions of the United States and Kentucky Constitutions on the grounds that the speed limit statutes are unconstitutionally vague, holding that sections 189.390(3)-(5) are not unconstitutionally vague.
Defendant was charged with speeding. Defendant moved the district court to find that section 189.390 was void for vagueness because a reasonable person could not read the statute and understand which speed limit applied on any given road in Kentucky. The district court found section 189.390(3)-(5) to be facially unconstitutional by failing to provide citizens with sufficiently definite notice of the applicable speed limits on Kentucky roads. The Commonwealth requested certification of the law regarding the constitutionality of section 189.390(3)-(5). The Supreme Court granted the request and held that the provisions of the statute are not void for vagueness and do not violate the state or federal Constitutions because section 189.390(3)-(5) provides citizens with fair notice of the proscribed conduct and does not encourage arbitrary enforcement.