LYNCH v. COM.

No. 94-SC-338-DG.

902 S.W.2d 813 (1995)

Joseph LYNCH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied August 24, 1995.


Attorney(s) appearing for the Case

James R. Early, Lexington, for appellant.

Chris Gorman, Atty. Gen., David W. Mossbrook, Sp. Asst. Atty. Gen., Lexington, for appellee.


REYNOLDS, Justice.

The issue for decision is whether the prohibition against operating or being in physical control of a motor vehicle anywhere in this state while under the influence of alcohol is a valid legislative exercise of police power.

The appeal arises from a jury trial wherein appellant was found guilty of operating a motor vehicle under the influence of intoxicants (KRS 189A.010). The judgment of the district court was affirmed by both Fayette Circuit...

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