Timberlake v. Commonwealth, Department of Public Safety

PALMORE, Judge.

The question in this case is whether the driver’s license of the appellant, Gregg Timberlake, may be revoked under the authority of KRS 186.565 by reason of his alleged refusal to submit to a blood alcohol test following an arrest for driving a motor vehicle while under the influence of intoxicating liquors. KRS 189.520. The judgment under appeal upheld the revocation.

The case was briefed before our decision in Commonwealth, Dept. of Public Safety v. Powers, Ky., 453 S.W.2d 260 (1970), was handed down, in which it was held that there cannot be a refusal without a request that…