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BOGARD v. COM.

687 S.W.2d 533 (1984)

Duker BOGARD, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

As Modified November 9, 1984.

Rehearing Denied January 11, 1985.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court April 24, 1985.

Attorney(s) appearing for the Case

Richard Clay, Kevin L. Nesbitt, Clay & Clay, Danville, for appellant.

Edward D. Hays, Sp. Asst. Atty. Gen., Sheehan, Barnett & Hays, P.S.C., Danville, for appellee.

Before HAYES, C.J., and REYNOLDS and DUNN, JJ.

DUNN, Judge.

Bogard was cited for DUI by Steve Tolson, who had been hired by the City of Danville as a police officer. The Boyle County District Court dismissed the charges based on the fact that Tolson was not a qualified voter in Boyle County wherein the City of Danville was contained and, therefore, did not qualify as policeman under KRS 95.440 and, therefore, was not qualified to issue citations. On appeal to the Boyle Circuit Court this judgment was reversed...

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