Legal Opinion · Concurrence

Commonwealth, Department of Public Safety v. Hayden

Court of Appeals of Kentucky

Decided June 23, 1972Published

1ConcurrenceOsborne, Justice

I dissented in Commonwealth, Department of Public Safety v. Craig, Ky., 471 S.W.2d 15, because I believed then, and still believe, the law requiring a blood-alcohol test violates both the Kentucky and Federal Constitutions. The large number of appeals coming to this court subsequent to that opinion has convinced me that I was right. The public highly resent this procedure. I am convinced their resistance springs from a resentment to the degrading process of having a police officer require them to undergo the embarrassment of having their blood drained and analyzed as if they were common…

2Cases cited6 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Charles E. Blackford v. United StatesCourt of Appeals for the Ninth Circuit · 1957
  3. People v. SanchezCalifornia Court of Appeal · 1961
  4. United States v. NesmithDistrict Court, District of Columbia · 1954
  5. Brent v. WhiteDistrict Court, E.D. Louisiana · 1967

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