2013 Kentucky Revised Statutes CHAPTER 189A - DRIVING UNDER THE INFLUENCE 189A.120 Prosecutor's duties with regard to amendment of charges -- Amendment of blood alcohol concentration -- Record of charges and amendments.
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189A.120 Prosecutor's duties with regard to amendment of charges -Amendment of blood alcohol concentration -- Record of charges and
amendments.
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When an alcohol concentration for a person twenty-one (21) years of age or
older in a prosecution for violation of KRS 189A.010 is 0.08 or above, is 0.02 or
above for a person under the age of twenty-one (21), or when the defendant,
regardless of age, has refused to take an alcohol concentration or substance
test, a prosecuting attorney shall not agree to the amendment of the charge to
a lesser offense and shall oppose the amendment of the charge at trial, unless
all prosecution witnesses are, and it is expected they will continue to be,
unavailable for trial.
A prosecuting attorney shall not amend a blood alcohol concentration, and he
or she shall oppose the amendment of the percentage, unless uncontroverted
scientific evidence is presented that the test results were in error. In those
cases, the prosecutor shall state his or her reasons for agreeing with the
amendment, and the scientific data upon which the amendment was made
shall be made a part of the record in this case.
The record of charges and disposition thereof, including reasons for amending
the charges, shall be transmitted by the court to the Justice and Public Safety
Cabinet for inclusion in the centralized criminal history record information
system under KRS 17.150.
Effective:June 26, 2007
History: Amended 2007 Ky. Acts ch. 85, sec. 215, effective June 26, 2007. -Amended 2000 Ky. Acts ch. 467, sec. 11, effective October 1, 2000. -- Amended
1996 Ky. Acts ch. 198, sec. 13, effective October 1, 1996. -- Amended 1991 (1st
Extra. Sess.) Ky. Acts ch. 15, sec. 17, effective July 1, 1991. -- Created 1984
Ky. Acts ch. 165, sec. 12, effective July 13, 1984.
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