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SLONE v. KENTUCKY DEPARTMENT OF TRANSPORTATION

Civ. No. 74-10.

379 F.Supp. 652 (1974)

Denver SLONE, Plaintiff, v. KENTUCKY DEPARTMENT OF TRANSPORTATION, Defendant.

United States District Court, E. D. Kentucky, Frankfort Division.

July 23, 1974.

Attorney(s) appearing for the Case

Dean Hill Rivkin, Appalachian Research & Defense Fund of Kentucky, Inc., Lexington, Ky., Paul F. Fauri, Appalachian Research & Defense Fund of Kentucky, Inc., Prestonsburg, Ky., for plaintiff.

Mary Jo Arterberry, Dept. of Trans., Perry Lewis, Dept. of Highways, Frankfort, Ky., for defendant.

MEMORANDUM

SWINFORD, District Judge.

This action for injunctive and declaratory relief attacks portions of Kentucky's "Implied Consent" provision:

"Any person who operates a motor vehicle in this state is deemed to have given his consent to a chemical test . . . for the purpose of determining the alcoholic content of his blood, if arrested for any offense arising out of acts alleged to have been committed...

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