 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Eldridge v. Commonwealth12/7/2001
ORDERED PUBLISHED: February 8, 2002
OPINION AFFIRMING
We have accepted discretionary review of an order of the Boyle Circuit Court affirming the ruling of the Boyle District Court that the results of a breath alcohol test administered to Arthur Eldridge in conjunction with his arrest for DUI should not be suppressed. Eldridge contends that the breath alcohol test results should be suppressed (1) because the police officer administering the test failed to observe him for the required twenty-minute period prior to administering the test, and (2) because a new observation period was not conducted after he removed his dentures during the initial observation period. Because the trial court's finding that the police officer observed Eldridge for the required time is supported by substantial evidence, and because a new observation period was not required after Eldridge removed his dentures, we affirm.
On June 26, 1999, Officer Todd Davis of the Danville Police Department was dispatched to an injury accident at the 127 Bypass and Stewarts Lane in Danville. Upon arriving at the scene, Officer Davis discovered that there were no injuries; however, upon talking to Eldridge, who was involved in the accident, the officer detected a strong smell of alcohol on his breath. The officer also observed that Eldridge's eyes were bloodshot, his speech was slurred, and he was very unsteady on his feet. Based upon his observations, Officer Davis administered various field sobriety tests, which Eldridge was unable to complete. Officer Davis arrested Eldridge and transported him to the Boyle County detention center. On the Uniform Citation, Officer Davis noted the time of arrest as 2308 (11:08 p.m.).
Upon arriving at the detention center, Officer Davis obtained Eldridge's consent to administer a breath alcohol test. The test was administered on an Intoxilyzer 5000 Breathalyzer(TM) machine, a device Officer Davis is trained to operate. Pursuant to 500 KAR 8:030 § 1(1), before doing the breath alcohol test, the individual administering the test is required to observe the subject for twenty minutes to ensure that he does not eat, drink, smoke, or put anything in his nose or mouth for that period of time. At the suppression hearing, Officer Davis testified that, according to the breath alcohol clock, he commenced observing Eldridge at 2313 (11:13 p.m.) and began the test twenty-three minutes later, at 2336 (11:36 p.m.). The breath alcohol test produced a blood alcohol reading of .223.
Eldridge subsequently moved to suppress the breath alcohol test results on the basis that (1) Officer Davis had not complied with the twenty-minute observation requirement, and (2) a new observation period was required when he removed his dentures during the initial observation period. A suppression hearing was held on March 8, 2000. Following the hearing, the Boyle District Court ruled that the breath alcohol test results were admissible.
Following the district court's ruling, Eldridge entered a conditional guilty plea pursuant to RCr 8.09 and then appealed the ruling to the Boyle Circuit Court. On September 14, 2000, the Boyle Circuit Court entered an order affirming the decision of the district court. We accepted discretionary review and now affirm the decision of the Boyle Circuit Court.
First, Eldridge contends that Officer Davis failed to observe the twenty-minute observation time required by 500 KAR 8:030 § 1(1). Eldridge argues that while the test was performed at 2336 (11:36 p.m.), according to jail records, he was delivered into custody of the jail at 2322 (11:22 p.m.), only fourteen minutes before the commencement of the test.
Page 1 2 3 4 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|