Division of Driver Licensing, Department of Vehicle Regulation, Transportation Cabinet v. Bergmann

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed the dismissal by the circuit court of a petition for injunction against the Transportation Cabinet. Convicted of two separate Driving Under the Influence charges, Bergmann sought injunctive relief upon receiving notice that his driver’s license would be revoked by the Cabinet for one year and that he would not be granted an administrative hearing concerning the revocation.

The issue is whether a second conviction for DUI empowers the Transportation Cabinet to revoke the driver’s license of a person so…