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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.

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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 <br>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. <br>Such tests may be administered in the field to a person suspected of violation of <br>KRS 189A.010 before the person is arrested. This test may be administered in <br>addition to any other blood alcohol level test authorized by law. A person's refusal <br>to take a preliminary breath test shall not be used against him in a court of law or in <br>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 <br>sobriety tests administered at the scene of an arrest for violation of KRS 189A.010 <br>or such tests at a police station, jail, or other suitable facility subject to the <br>following conditions: <br>(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 <br>unless the defendant waives the showing of any portions not offered by the <br>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 <br>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 <br>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 <br>administrative proceedings. Recordings shall otherwise be considered as <br>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: <br>1. Fourteen (14) months, if there is no appeal of any criminal or traffic case <br>filed as a result of the videotape or film, or if the videotape or film does <br>not record the actual happening of an accident involving a motor <br>vehicle; 2. Fourteen (14) months after a decision has been made not to prosecute <br>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 <br>happening of an accident involving a motor vehicle; 3. Twenty-six (26) months, if there is no appeal of any criminal or traffic <br>case filed as a result of the videotape or film, if the videotape or film <br>records the actual happening of an accident involving a motor vehicle; 4. After all appeals have been exhausted arising from any criminal or <br>traffic case filed as a result of the videotape; 5. At the conclusion of any civil case arising from events depicted on the <br>videotape or film; or 6. At the conclusion of the exhaustion of all appeals arising from any law <br>enforcement agency administrative proceedings arising from events <br>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 <br>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, <br>the peace officer shall note on the uniform citation that a videotape has been made <br>of the transaction. Effective: October 1, 2000 <br>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.