2019 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. (Effective July 1, 2020).
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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. (Effective July 1, 2020)
(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.
(a) Law enforcement agencies may record on film or videotape or by other
visual and audible means:
1.
The pursuit of a violator or suspected violator;
2.
The traffic stop; or
3. a.
Field sobriety tests administered at the scene or such tests at
a police station, jail, or other suitable facility; or
b.
The refusal of a violator or suspected violator to submit to tests
under KRS 189A.103;
for a suspected violation of KRS 189A.010.
(b) Recordings made under paragraph (a) of this subsection shall be subject
to the following conditions:
1.
The testing is recorded in its entirety (except for blood alcohol
analysis testing);
2.
The entire recording of the field sobriety tests or refusal and the
entire recording of the pursuit and traffic stop is shown in court
unless the defendant waives the showing of any portions not offered
by the prosecution;
3.
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;
4.
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;
5.
Recordings shall be used for official purposes only, which shall
include:
a.
Viewing in court;
b.
Viewing by the prosecution and defense in preparation for a
trial; and
c.
Viewing for purposes of administrative reviews and official
administrative proceedings. Recordings shall otherwise be
considered as confidential records;
6.
The videotape or film taken in accordance with this section shall,
upon order of the sentencing court, be destroyed after the later of
the following:
a.
(3)
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;
b.
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;
c.
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;
d.
After all appeals have been exhausted arising from any
criminal or traffic case filed as a result of the videotape;
e.
At the conclusion of any civil case arising from events depicted
on the videotape or film; or
f.
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
7.
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:July 1, 2020
History: Amended 2019 Ky. Acts ch. 103, sec. 8, effective July 1, 2020. -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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