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HAYDEN v. COM.

Nos. 88-CA-490-DG, 88-CA-0070 DG.

766 S.W.2d 956 (1989)

Morton HAYDEN, Appellant, v. COMMONWEALTH of Kentucky, Appellee. William H. CLARK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 31, 1989.

Attorney(s) appearing for the Case

Grover S. Cox, Louisville, for appellant, Hayden.

Stephen D. Milner, and Sandra Mendez-Dawahare Landrum & Shouse, Lexington, for appellant, Clark.

Frederic J. Cowan, Atty. Gen., Frankfort, Robert M. Kirtley, Sp. Asst. Atty. Gen., Owensboro, Raymond Larson, and Jennifer Lewis Todd, Sp. Asst. Attys. Gen., Lexington, for the Com.

Before McDONALD and WEST, JJ., and WHITE, Special Judge.

WEST, Judge.

Discretionary review was granted from orders of the Fayette Circuit Court and the Daviess Circuit Court which had affirmed convictions of Morton Hayden and William H. Clark for driving under the influence of alcohol (KRS 189A.010). We have consolidated the appeals because the basic question in both cases is whether impaired driving or impaired driving ability must be proven to sustain a conviction for a violation of KRS 189A.010 when the substance involved...

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