HOWARD v. TRANSPORTATION CABINET

No. 93-SC-121-DG.

878 S.W.2d 14 (1994)

Thomas Tucker HOWARD; Denny Akers; Kathy Akers; Scott Lafferty; Lynda Lafferty; Ronald Preston; Diane Preston; Jake Salyer, Jr.; Ermalee Salyer; and James Cantrell, Appellants, v. TRANSPORTATION CABINET, COMMONWEALTH OF KENTUCKY; Milo Bryant, Secretary of Transportation Cabinet; Kentucky Department of Personnel; Officer Jack Haley; Captain Lloyd G. Cassidy; Officer Joe Howard; Officer A. Justin Harmon; Martin Slone; Lt. Larry D. Laferty; and Colonel Joe Breeze, Appellees.

Supreme Court of Kentucky.

June 23, 1994.


Attorney(s) appearing for the Case

Charles K. Belhasen, David LeMaster, Paintsville, for appellants.

Patricia K. Foley, Georgetown, for appellees.


STEPHENS, Chief Justice.

This appeal raises the question of whether a vehicle enforcement officer (VEO) has the statutory authority to arrest the driver of a passenger automobile for driving under the influence (DUI), or whether such an officer's powers are limited to drivers of vehicles governed by KRS Chapter 281, entitled "Motor Carriers."

The facts are not in dispute. On May 1, 1986, on-duty VEO officer, appellant James Cantrell, happened upon the scene...

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