Lexington-Fayette, Kentucky 2021-11-25 20:23:18 –
(LEX 18) — Kentucky prosecutors are seeking support from the General Assembly for drunk driving cases.
Earlier this year, the Kentucky Supreme Court ruled that people suspected of drunk driving had the right to refuse a blood test and could not do so in court. The decision raised the issue for the prosecutor.
“The McCarthy case is now known by prosecutors to have a constitutional right to refuse blood tests for drunk driving arrests,” Woodford County lawyer Alan George explained earlier this month. .. “And his or her right to refuse to submit a blood test cannot be testified by the arrested police officer, so the refusal can no longer be introduced as evidence and cannot even be commented by the prosecutor. . “
George told lawmakers that this would make it difficult to convict drunk driving.
“Recently, when a fellow prosecutor asked the jury what he could have done differently in prosecuting the case in a panel that returned an acquittal verdict, the jury simply replied. The test also. There was no conviction, “George said.
But can police get an investigation warrant to force a blood test? Current Kentucky law only allows drivers if they are injured or killed.
Therefore, prosecutors are asking lawmakers to remove the injury or death requirement. This allows police to obtain a blood test warrant if a driver suspected of being drunk driving refuses a blood test.
“They can do it in both easy and difficult ways,” George said.
George said this change was necessary in Kentucky.
“In 2020, 43% of the 16,749 drunk driving arrests in Kentucky were related to drugs alone, and another 11% were related to the combination of drugs and alcohol,” George said. Said. “Therefore, in 54% of cases of driving disabilities in Kentucky, drugs were the factor, at least in part.”
“The 2020 drunk driving clash killed 173 people in the Commonwealth, 80 of whom were due to drug-related incidents of drunk driving, which are powerful and calm numbers,” he added.