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WHITE v. COM.

No. 2001-CA-002523-MR.

132 S.W.3d 877 (2003)

Lloyd J. WHITE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court May 12, 2004.

Case Ordered Published by Supreme Court May 12, 2004.

Attorney(s) appearing for the Case

Randall L. Wheeler, Frankfort, KY, for appellant.

Albert B. Chandler III, Attorney General of Kentucky, Elizabeth A. Heilman, Assistant Attorney General, Frankfort, KY, for appellee.

Before: DYCHE, and McANULTY, Judges; POTTER, Senior Judge.

OPINION

McANULTY, Judge.

Appellant Lloyd J. White appeals his conviction pursuant to a conditional guilty plea, RCr 8.09, for driving under the influence, fourth offense. Appellant argues that the police did not have probable cause to arrest him for driving under the influence. He states they lacked reasonable grounds to believe he was operating his vehicle which was found stationary, not running, and with no one behind the wheel.

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