Commonwealth Transportation Cabinet Department of Vehicle Regulation v. Ross

OPINION

LESTER, Chief Judge.

This is an appeal from a judgment entered upon findings of fact and conclusions of law reversing an order of appellant suspending appellee’s license to operate a motor vehicle for failure to submit to a chemical test as required by KRS 186.565.

Needless to say, Jessie Ross was arrested by the Paducah police for driving while under the influence of intoxicants. Officer Timothy Melton initially stopped Ross for speeding and during the course of the pursuit, he, the policeman, observed nothing to indicate erratic driving but did smell alcohol when he approached…