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LEE v. COM.

No. 2009-SC-000371-DG.

313 S.W.3d 555 (2010)

Robin Ken LEE, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Supreme Court of Kentucky.

June 17, 2010.

Attorney(s) appearing for the Case

James Andrew Maples, Elizabethtown, KY, Counsel for Appellant.

Jack Conway, Attorney General, Mark Anthony Shouse, Special Assistant County Attorney, Elizabethtown, KY, Counsel for Appellee.

Opinion of the Court by Justice CUNNINGHAM.

At approximately 6:50 p.m. on the evening of November 28, 2007, in Hardin County, Appellant was arrested for driving under the influence, second offense. He was given a breathalyzer test which resulted in a reading of .209.

Subsequent to the breathalyzer, Appellant requested a blood test. He was immediately taken to Hardin Memorial Hospital. There, the doctor on duty refused to give the blood test, citing in his...

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