Transportation Cabinet v. Driver

GUDGEL, Judge:

This is an appeal from a judgment entered by the McCracken Circuit Court reversing an order of the Transportation Cabinet revoking appellee’s driver’s license. Appellant contends that the court erred by adjudging that appellee’s refusal to sign a form releasing a hospital from civil liability in connection with taking a blood specimen pursuant to the implied consent law did not amount to a refusal to submit to the test for purposes of the statute. We disagree. Hence, we affirm.

On April 6, 1990, appellee Jane Driver was stopped by Officer Orazine, a Paducah patrolman, after she…