The Richmond Register

Local News

April 28, 2013

U.S. Supreme Court: Warrant needed for blood test in most cases

Similar issues have come up in Madison County courts

(Continued)

RICHMOND —



Madison County drunken driving case

Prior to the Supreme Court adopting the position that blood tests are a type of intrusive search in DUI cases, Madison District Court Judge Earl-Ray Neal had been using the same reasoning when he ruled on evidence in impaired driving cases.

In early 2012, Neal presided over a case in which a man suspected of drunken driving was given an enhanced, or aggravated, DUI charge because he refused a blood test.

He was not given a Breathalyzer test first because the arresting Richmond Police Department officer believed the machine at the Madison County Detention Center was not operating properly. The officer did not have blood forcibly drawn from the man.

The defendant’s attorney asked to court to drop the stepped up charge because the defendant should not have been required to submit to a blood test before a Breathalyzer test.

Neal had thrown out evidence in a similar 2008 case based on his interpretation of the state’s implied consent law for motorists. Neal asserted in cases of alcohol intoxication, the less invasive test – a Breathalyzer – should always be performed before a blood test.

“The United States Supreme Court has determined that (the) Fourth Amendment prohibits compelled intrusions into (the) body for blood to be analyzed for alcohol content if intrusions are not justified in the circumstances ...” Neal said in a judicial order from the 2008 case.

Assistant County Attorney Jud Patterson halted prosecution in the 2012 case and asked Madison Circuit Court to weigh in on the issue.

“The Commonwealth is unable to proceed in DUI prosecutions where it is unsure or unclear about what law applies to when and how an officer must administer tests of a person's breath, blood or urine,” Patterson wrote.

Madison Circuit Judge Jean C. Logue ruled that the state’s implied consent law does not state that one test – blood, breath or urine – must be performed before the other. She issued a writ of prohibition, a judicial order that prohibits Neal “from ruling that a police officer must first attempt a breath test in cases where there’s no evidence of intoxication other than alcohol,” Patterson wrote in the motion for the writ.

Text Only
Local News
  • 7-27 HeartChase 1.jpg A race to the finish line

    Sheltered by overcast sky and supported by a cool breeze, teams competed Saturday morning in the second annual HeartChase at Richmond Centre.

    July 26, 2014 6 Photos

  • 7-27 Hops 1.jpg Hops & Vine Festival raises money for humane society

    Downtown Richmond’s Hops and Vine Festival started more than two years ago with a question.

    July 26, 2014 3 Photos

  • Bill Clinton will stump for Grimes in eastern Kentucky

    Democrat Alison Lundergan Grimes is again calling in the “Big Dog” in her quest to unseat five-term Republican U.S. Sen. Mitch McConnell.

    Former President Bill Clinton will join Grimes on Aug. 6 for a campaign rally in eastern Kentucky, according to a campaign official who would provide no further details.

    July 26, 2014

  • 7-26 Stockyards 2.jpg Cattle farmers enjoying ‛perfect storm’

    Demand is up, and cattle are selling for record prices.

    At the same time, corn prices are down and fuel prices have stabilized.

    That adds up to a “perfect storm” for Kentucky cattle farmers, said Gary Kelly of Paint Lick as he ate lunch Friday with his brother Jimmy at the restaurant across from the Blue Grass Stockyards.

    July 26, 2014 5 Photos

  • 7-26 Fire Practice Structure 1.jpg Fire training tower going up

    A new training tower for the Richmond Fire Department is rising on Four Mile Road.

    Construction began Thursday on the four-story, steel-framed structure.

    July 26, 2014 4 Photos

  • Pavement work to restrict I-75 in Rockcastle County

    Beginning Sunday until about the end of November, Interstate 75 in Rockcastle County will be reduced to one lane in each direction between mile points 58 and 66 for pavement work.

    July 26, 2014

  • Jailed woman charged with heroin trafficking

    A Richmond woman already jailed on another charge was served with a drug trafficking warrant Thursday.

    July 26, 2014

  • County’s jobless rate improves

    Madison County’s unemployment rate for June, 6.5 percent, was a full percentage point lower than a year earlier and 0.2 points lower than in May.

    July 24, 2014

  • 7-25 Camp Invention 1.jpg Young inventors turn trash to treasure

    The first day of Camp Invention began with a room full of objects ready to be recycled, Sarah Shaffer, director of the camp said Thursday.

    July 24, 2014 6 Photos

  • 7-25 William Gilbert.jpg Four arrested on meth charges at Berea motel

    Berea Police arrested four people Wednesday at the Knights Inn on Chestnut Street, including a man they said tried to conceal a meth lab on his person.

    July 24, 2014 5 Photos

AP Video
Kerry: Humanitarian Cease-fire Efforts Continue Raw: Corruption Trial Begins for Former Va Gov. The Carbon Trap: US Exports Global Warming UN Security Council Calls for Gaza Cease-fire Traditional African Dishes Teach Healthy Eating 13 Struck by Lightning on Calif. Beach Baseball Hall of Famers Inducted Israel, Hamas Trade Fire Despite Truce in Gaza Italy's Nibali Set to Win First Tour De France Raw: Shipwrecked Concordia Completes Last Voyage Raw: Sea Turtle Hatchlings Emerge From Nest Raw: Massive Dust Storm Covers Phoenix 12-hour Cease-fire in Gaza Fighting Begins Raw: Bolivian Dancers Attempt to Break Record Raw: Israel, Palestine Supporters Rally in US Raw: Air Algerie Flight 5017 Wreckage Virginia Governor Tours Tornado Aftermath Judge Faces Heat Over Offer to Help Migrant Kids Kangaroo Goes Missing in Oklahoma More M17 Bodies Return, Sanctions on Russia Grow
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Poll

Should Madison County’s three local governing bodies ban smoking in indoor public places?

Yes
No
     View Results