466 S.W.3d 468
Ky.2015Background
- Bedway was arrested for DUI in Jefferson County after observed weaving, expired tags, and slurred speech; he was taken to a facility for a breathalyzer test; he was informed of a 10–15 minute window to contact an attorney under KRS 189A.105(3); he claimed his daughter could help him contact attorney Mr. Gold but was denied access to his phone and to instructions beyond a phone book; the breathalyzer test showed .161 BAC; the district court denied suppression, the circuit court suppressed, and the Court of Appeals affirmed suppression of the breathalyzer; the Kentucky Supreme Court reversed, holding that the remedy is not automatic suppression and that reasonable accommodations are required; the case is remanded for reinstatement of the district court judgment but not for suppression of the breath test.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether police violated Bedway’s right to contact an attorney under KRS 189A.105(3). | Bedway—Right to attempt to contact attorney was violated. | Commonwealth—Access to a phone book and numbers sufficed to meet the right. | Yes, right to attempt to contact attorney was violated. |
| If violated, should the breathalyzer result be suppressed as the remedy? | Bedway—Suppression warranted due to statutory violation. | Breathalyzer should be suppressible only if prejudice or deliberate disregard shown. | No suppression; remedy not automatic; accommodations required but suppression inappropriate here. |
Key Cases Cited
- Litteral v. Commonwealth, 282 S.W.3d 331 (Ky. App. 2008) (right to attempt to contact an attorney is circumscribed to enable accurate testing)
- Bhattacharya v. Commonwealth, 292 S.W.3d 901 (Ky. App. 2009) (phone-book access may be sufficient when locating an attorney)
- Ferguson v. Commonwealth, 362 S.W.3d 341 (Ky. App. 2011) (cell-phone access may be required; accommodations needed to exercise the right)
- Copley v. Commonwealth, 361 S.W.3d 902 (Ky. 2012) (exclusionary rule may apply to nonconstitutional rights for prejudice or deliberate disregard)
- Beach v. Commonwealth, 927 S.W.2d 826 (Ky. 1996) (exclusion not mandated absent explicit statutory directive in implied-consent context)
- Lee v. Commonwealth, 313 S.W.3d 555 (Ky. 2010) (totality-of-circumstances analysis for accommodation effectiveness)