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. - Kentucky Statutes

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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) 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. (2) 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. 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. (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. 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.