Newman v. Smith

REED, Judge.

The Commissioner of Public Safety appeals from a decision of the circuit court which set aside the revocation of the driver’s license of the appellee, Claude Smith. The basis of revocation was Smith’s refusal to submit to a chemical test of his breath after he had been arrested for operating a motor vehicle while under the influence of intoxicating beverages. The trial court found that although there was support for the administrative finding that Smith refused to take the test within the meaning of the statute (KRS 186.565), the evidence presented before the administrative agency…