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SLONE v. KENTUCKY DEPARTMENT OF TRANSPORTATION

No. 74-2163.

513 F.2d 1189 (1975)

Denver SLONE, Plaintiff-Appellee, v. KENTUCKY DEPARTMENT OF TRANSPORTATION et al., Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

April 3, 1975.

Attorney(s) appearing for the Case

Perry Lewis, William L. Willis, Gen. Counsel, Dept. of Transp., Mary Jo Arterberry, Div. of Hearings, Phillip H. Doty, Staff Atty., Frankfort, Ky., for defendants-appellants.

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

Before PHILLIPS, Chief Judge, and PECK and McCREE, Circuit Judges.

PER CURIAM.

Kentucky, like a majority of states, has enacted an "implied consent" law designed to aid in the battle to keep drunk drivers off the public highways. That statute, K.R.S. 186.565, reads in pertinent part as follows:

"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...

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