Commonwealth, Transportation Cabinet, Department of Vehicle Regulation v. Williams

HOWERTON, Judge.

The Transportation Cabinet appeals from a judgment of the Morgan Circuit Court reversing the Cabinet’s order suspending Walker Williams, Jr.’s operator’s license for refusal to submit to a breathalyzer test as required by KRS 186.565. Williams was arrested by State Trooper Mark Caudill on February 22, 1987, and charged with driving under the influence of alcohol. Trooper Caudill twice requested Williams to submit to a breathalyzer test, and after Williams refused, the trooper completed and signed a form entitled “Affidavit of Refusal to Take Chemical Test.” The form was left…