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NEWMAN v. HACKER

530 S.W.2d 376 (1975)

W. O. NEWMAN, Acting Commissioner, Department of Public Safety, Appellant, v. James Edgar HACKER, Appellee.

Court of Appeals of Kentucky.

November 26, 1975.

Attorney(s) appearing for the Case

Mary Jo Arterberry, Midway, for appellant.

Robert L. Milby, Hamm, Taylor, Milby & Farmer, B. Robert Stivers, London, for appellee.

VANCE, Commissioner.

The appellee, James Edgar Hacker, was arrested by a state police officer and charged with the offense of driving a motor vehicle while under the influence of intoxicating liquor. KRS 189.520. He was requested by the officer to submit to a breathalyzer test but declined to do so except in the presence of counsel. He was advised that his refusal to take the test would result in the revocation of his motor vehicle operator's license pursuant to the...

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