Commonwealth, Transportation Cabinet v. Tarter

STUMBO, Judge:

The Transportation Cabinet, the appellant, asserts as error the decision of the Edmonson Circuit Court allowing Dennis Tarter, the appellee, to enroll in the state driver education program. The appellant argues that an individual arrested for DUI who refuses to take a breathalyzer test cannot petition the court to reduce the mandatory revocation period for his license, and that the court exceeded its limited jurisdiction in granting the petition. We disagree.

The appellee was arrested for driving a motor vehicle while under the influence. He refused to take a breathalyzer test,…