PRAETE v. COM.


722 S.W.2d 602 (1987)

Michael D. PRAETE, Movant, v. COMMONWEALTH of Kentucky, Respondent. Jon T. EMNETT, Movant, v. COMMONWEALTH of Kentucky, Respondent.

Court of Appeals of Kentucky.

January 9, 1987.


Attorney(s) appearing for the Case

Phil Allan Bertram, Bertram & Cox, Campbellsville, for movant Michael D. Praete.

Jim M. Alexander, Alexander & Schreiner, Lexington, for movant Jon T. Emnett.

David L. Armstrong, Atty. Gen., Kay Winebrenner, Asst. Atty. Gen., Frankfort, for respondent Com.

Before CLAYTON, HAYES and WILHOIT, JJ.


WILHOIT, Judge.

These two cases are before the Court on discretionary review from an opinion and order of the Fayette Circuit Court and of the Taylor Circuit Court which affirmed orders of the respective district courts. The only question presented is whether KRS 189A.070 is unconstitutional.

Section (1) of KRS 189A.070 provides that if a person 18 years of age or older is convicted of operating a motor vehicle while under the influence of alcohol or other...

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