Legal Opinion
Wyatt v. Transportation Cabinet
Court of Appeals of Kentucky
Decided October 12, 1990No. 89-CA-002564-SPublishedCited by 3 opinions
1Opinion of the Court
CLAYTON, Judge:
This appeal arises from the Cabinet’s revocation of Wyatt’s driver’s license for his refusal to submit to the breathalyzer test mandated by KRS 186.565(4). The Kenton Circuit Court affirmed the Cabinet’s decision, since it was found to be supported by substantial evidence, and not to be arbitrary or capricious. After reviewing the record and the law, we affirm.
Wyatt was arrested on July 11, 1987, for operating a motor vehicle while under the influence of intoxicants (DUI). The arresting officer was not, at that time, a qualified breathalyzer operator. As a result, a second…
2Cases cited6 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Keller v. International Harvester Corp.Missouri Court of Appeals · 1983
- Division of Driver Licensing, Department of Vehicle Regulation, Transportation Cabinet v. BergmannKentucky Supreme Court · 1987
- Commonwealth v. SteiberKentucky Supreme Court · 1985
- Elkin v. Commonwealth, Department of Transportation, Bureau of Vehicle RegulationCourt of Appeals of Kentucky · 1982
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3Cited by3 opinions
- Hilltop Basic Resources, Inc. v. County of BooneKentucky Supreme Court · 2005
- Pizza Pub of Burnside, Kentucky, Inc. v. Commonwealth, Department of Alcoholic Beverage ControlCourt of Appeals of Kentucky · 2013
- Peggy L. Barber v. Topgolf USA Louisville. LLCCourt of Appeals of Kentucky · 2020