Commonwealth v. Bedway

OPINION OF THE COURT BY

JUSTICE KELLER

The Commonwealth of Kentucky appeals from an opinion by the Court of Appeals, which affirmed the Jefferson Circuit Court’s holding that James Bedway’s (Bedway) statutory right “to attempt to contact and communicate with an attorney” under Kentucky Revised Statute (KRS) 189A.105(3) was violated subsequent to his arrest for driving under the influence of alcohol (DUI). The circuit court also held that such a violation mandated the suppression of Bedway’s breathalyzer test. While we hold the Commonwealth did violate Bedway’s statutory right, because of…