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  5. 796 S.W.2d 591 (1990)
 

COM. TRANSP. CABINET v. CORNELL

No. 89-CA-2263-MR.

796 S.W.2d 591 (1990)

COMMONWEALTH of Kentucky TRANSPORTATION CABINET DEPARTMENT OF VEHICLE REGULATION, Appellant, v. Duane F. CORNELL, Appellee.

Court of Appeals of Kentucky.

September 21, 1990.

Attorney(s) appearing for the Case

Patricia K. Foley, Frankfort, for appellant.

John W. Wooldridge, Shepherdsville, for appellee.

Before HOWERTON, C.J., and HOWARD and MILLER, JJ.

HOWARD, Judge.

The appellant appeals from the Bullitt Circuit Court's decision overturning appellant's decision to suspend the appellee's driver's license pursuant to KRS 186.565 for refusing to submit to a breathalyzer test.

On December 18, 1988, St. Matthews' police officer Thomas Gilsdorf observed the appellee driving erratically and pulled him over for suspicion of driving while under the influence of intoxicants. He placed appellee under arrest and charged...

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