failure to follow statutory requirement that DWI suspect be advised of his right to have an independent blood test
How later courts described this case
- failure to follow statutory requirement that DWI suspect be advised of his right to have an independent blood test
Written by the judges who cited it.
Later courts went against this
Disagreed with by Marcum v. Commonwealth, 1972 Ky. LEXIS 172 (1972)
We reject the reasoning announced in State v. Myers, supra, and Kay v. United States, supra.
The opinion
Schneider, J.,
concurs in paragraphs two through seven of the syllabus but dissents from paragraph one and the judgment. Philosophically, I am opposed to the exclusionary rule. However, in this type of case, the accused has the statutory right to consult a private physician, where services may be essential to his defense. He should be informed of that right; and the prosecution should bear the risk of failure of that information.