2013 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE 189A.100 Administration of preliminary breath tests -- Visual recording of vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use and destruction of recordings.
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189A.100 Administration of preliminary breath tests -- Visual recording of
vehicle pursuits, traffic stops, and field sobriety tests -- Conditions of
recording -- Use and destruction of recordings.
(1)
(2)
Law enforcement agencies may administer preliminary breath tests using
devices or equipment which will ensure an accurate determination of blood
alcohol content. Such tests may be administered in the field to a person
suspected of violation of KRS 189A.010 before the person is arrested. This test
may be administered in addition to any other blood alcohol level test authorized
by law. A person's refusal to take a preliminary breath test shall not be used
against him in a court of law or in any administrative proceeding.
Law enforcement agencies may record on film or videotape or by other visual
and audible means the pursuit of a violator or suspected violator, the traffic
stop, or field sobriety tests administered at the scene of an arrest for violation
of KRS 189A.010 or such tests at a police station, jail, or other suitable facility
subject to the following conditions:
(a) The testing is recorded in its entirety (except for blood alcohol analysis
testing); and
(b) The entire recording of the field sobriety tests and the entire recording of
such portions of the pursuit and traffic stop as were recorded is shown in
court unless the defendant waives the showing of any portions not offered
by the prosecution; and
(c) The entire recording is available to be shown by the defense at trial if the
defendant so desires regardless of whether it was introduced by the
Commonwealth; and
(d) The defendant or his counsel is afforded an opportunity to view the entire
recording a reasonable time before the trial in order to prepare an
adequate defense; and
(e) Recordings shall be used for official purposes only, which shall include:
1.
Viewing in court;
2.
Viewing by the prosecution and defense in preparation for a trial;
and
3.
Viewing for purposes of administrative reviews and official
administrative proceedings. Recordings shall otherwise be
considered as confidential records; and
(f) The videotape or film taken in accordance with this section shall, upon
order of the District Court, be destroyed after the later of the following:
1.
Fourteen (14) months, if there is no appeal of any criminal or traffic
case filed as a result of the videotape or film, or if the videotape or
film does not record the actual happening of an accident involving a
motor vehicle;
2.
Fourteen (14) months after a decision has been made not to
prosecute any case upon which an arrest has been made or a
citation issued as a result of the videotape or film, if the videotape
does not record the actual happening of an accident involving a
motor vehicle;
3.
(3)
Twenty-six (26) months, if there is no appeal of any criminal or traffic
case filed as a result of the videotape or film, if the videotape or film
records the actual happening of an accident involving a motor
vehicle;
4.
After all appeals have been exhausted arising from any criminal or
traffic case filed as a result of the videotape;
5.
At the conclusion of any civil case arising from events depicted on
the videotape or film; or
6.
At the conclusion of the exhaustion of all appeals arising from any
law enforcement agency administrative proceedings arising from
events depicted on the videotape or film; and
(g) Public officials or employees utilizing or showing recordings other than as
permitted in this chapter or permitting others to do so shall be guilty of
official misconduct in the first degree.
When a peace officer makes a videotape or film recording of any transaction
covered by subsection (2) of this section and a citation is issued or an arrest is
made, the peace officer shall note on the uniform citation that a videotape has
been made of the transaction.
Effective:October 1, 2000
History: Amended 2000 Ky. Acts ch. 467, sec. 24, effective October 1, 2000. -Created 1984 Ky. Acts ch. 165, sec. 10, effective July 13, 1984.
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