Court of Appeals of Kentucky (pre-1976) November 26, 1975 (Newman v. Hacker)

VANCE, Commissioner.

The appellee, James Edgar Hacker, was arrested by a state police officer and charged with the offense of driving a motor vehicle while under the influence of intoxicating liquor. KRS 189.520. He was requested by the officer to submit to a breathalyzer test but declined to do so except in the presence of counsel.