Legal Opinion

Slone v. Kentucky Department of Transportation

District Court, E.D. Kentucky

Decided October 25, 1974No. 5:09-misc-05017PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

SWINFORD, District Judge.

This action for injunctive and declaratory relief attacks portions of Kentucky’s “Implied Consent” provision:

“Any person who operates a motor vehicle in this state is deemed to have given his consent to a chemical test . for the purpose of determin ing the alcoholic content of his blood, if arrested for any offense arising out of acts alleged to have been committed while the person was driving or in actual physical control of a motor vehicle in this state while under the influence of intoxicating beverages.” K. R.S. 186.565(1).

Refusal to submit to the test…

2Cases cited42 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Fuentes v. ShevinSupreme Court of the United States · 1972
  4. Flast v. CohenSupreme Court of the United States · 1968
  5. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970

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3Cited by6 opinions

  1. Gargagliano v. Secretary of StateMichigan Court of Appeals · 1975
  2. Montgomery v. North Carolina Department of Motor VehiclesDistrict Court, W.D. North Carolina · 1978
  3. Montrym v. PanoraDistrict Court, D. Massachusetts · 1977
  4. Denver Slone v. Kentucky Department of TransportationCourt of Appeals for the Sixth Circuit · 1975
  5. Gargagliano v. Secretary of StateMichigan Court of Appeals · 1975

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