BUTLER v. GROCE

No. 93-SC-179-DG.

880 S.W.2d 547 (1994)

Terry W. BUTLER, Appellant, v. Ralph GROCE, Clinton Circuit Court Clerk and Commonwealth of Kentucky, Transportation Cabinet, Division of Drivers' Licensing, Appellees.

Supreme Court of Kentucky.

Rehearing Denied September 1, 1994.


Attorney(s) appearing for the Case

David M. Cross, Albany, for appellant.

Lisabeth Hughes Abramson, Hirn Reed & Harper, Louisville, Helen C. Helton, Asst. Gen. Counsel, Office of General Counsel, Transp. Cabinet, Frankfort, James R. Cox, Hirn, Reed & Harper, Louisville, Patricia K. Foley, Dept. of Highways, Lexington, for appellees.

Kentucky Ass'n of Criminal Defense Lawyers, Wilbur M. Zevely, Officer, Florence, Harry P. Hellings, Jr., Hellings and Nutter, P.S.C., Covington, amicus curiae.


WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which affirmed a summary judgment of the Clinton Circuit Court which dissolved a temporary restraining order and held that the district court was bound by the records of the Transportation Cabinet for characterization of a driving under the influence offense.

The issues raised are whether the period of license revocation provided in KRS 189A.070 is mandatory and not subject to the...

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