189A.100 Administration of preliminary breath tests -- Visual recording of vehicle
661 words·~3 min read·
/ky/189a-100A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
pursuits, traffic stops, and field sobriety tests -- Conditions of recording -- Use
and destruction of recordings.
(1)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. 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.
(3)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.