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COM., TRANSP. CABINET v. WILLIAMS

No. 90-CA-2203-S.

833 S.W.2d 385 (1992)

COMMONWEALTH of Kentucky, TRANSPORTATION CABINET, DEPARTMENT OF VEHICLE REGULATION, Appellant, v. Walker WILLIAMS, Jr., Appellee.

Court of Appeals of Kentucky.

June 12, 1992.

Attorney(s) appearing for the Case

Patricia K. Foley, Transp. Cabinet, Frankfort, for appellant.

Lowell E. Spencer, Ed Spencer's Law Office, Paintsville, for appellee.

Before HOWERTON, HUDDLESTON and MILLER, JJ.

HOWERTON, Judge.

The Transportation Cabinet appeals from a judgment of the Morgan Circuit Court reversing the Cabinet's order suspending Walker Williams, Jr.'s operator's license for refusal to submit to a breathalyzer test as required by KRS 186.565. Williams was arrested by State Trooper Mark Caudill on February 22, 1987, and charged with driving under the influence of alcohol. Trooper Caudill twice requested Williams to submit to a breathalyzer test, and after...

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