COM., TRANSP. CABINET v. TARTER

No. 89-CA-001491-DG.

802 S.W.2d 944 (1990)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, Appellant, v. Dennis TARTER, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 6, 1991.


Attorney(s) appearing for the Case

Frederic J. Cowan, Atty. Gen., V. Lynne Schroering, Robert V. Bullock, Asst. Attys. Gen., Frankfort, for appellant.

Natty Bumppo, Brownsville, for appellee.

Before HOWERTON, C.J., and LESTER and STUMBO, JJ.


STUMBO, Judge:

The Transportation Cabinet, the appellant, asserts as error the decision of the Edmonson Circuit Court allowing Dennis Tarter, the appellee, to enroll in the state driver education program. The appellant argues that an individual arrested for DUI who refuses to take a breathalyzer test cannot petition the court to reduce the mandatory revocation period for his license, and that the court exceeded its limited jurisdiction in granting the petition. We...

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