Bogard v. Commonwealth

DUNN, Judge.

Bogard was cited for DUI by Steve Tol-son, who had been hired by the City of Danville as a police officer. The Boyle County District Court dismissed the charges based on the fact that Tolson was not a qualified voter in Boyle County wherein the City of Danville was contained and, therefore, did not qualify as policeman under KRS 95.440 and, therefore, was not qualified to issue citations. On appeal to the Boyle Circuit Court this judgment was reversed. Discretionary review to this court was granted.

The issues before us are: 1) Was Tolson a qualified police officer pursuant to the…