McCONNELL v. COM.


655 S.W.2d 43 (1983)

Mitch McCONNELL, Jefferson County Judge/Executive; J. Bruce Miller, Jefferson County Attorney; E.G. Helm, Jr., Chief, Jefferson County Police Department; and Richard Frey, Secretary, Jefferson County Department of Corrections, Appellants, v. COMMONWEALTH of Kentucky, the Justice Cabinet, Department of State Police, Appellee.

Court of Appeals of Kentucky.

August 19, 1983.


Attorney(s) appearing for the Case

William T. Warner, Nold, Mosley, Claire, Hubbard & Rogers, Louisville, for appellants.

Paul F. Isaacs, Gen. Counsel, Justice Cabinet, Frankfort, for appellee.

Before HAYES, C.J., and HOGGE and LESTER, JJ.


HAYES, Chief Judge:

This is an agreed case submitted pursuant to KRS 418.020 in order to resolve the question of whether the infrared evidential breath tester technology qualifies as a "chemical test" within the meaning of KRS 186.565(1). We are in complete agreement with the decision of the trial judge that it does so qualify and hereby adopt his opinion as our own:

"This case is before the court for hearing on a petition brought By Mitch McConnell, Jefferson...

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