Criminal Law – DUI, right to contact attorney, conditional guilty plea: Bhattacharya v. Commonwealth (COA 7/31/2009)

Bhattacharya v. Commonwealth
2008-CA-000783 07/31/2009 2009 WL 2341537

Opinion by Judge Moore; Judge Wine and Senior Judge Henry concurred.

The Court affirmed an order of the circuit court affirming a district court judgment convicting appellant of operating a motor vehicle under the influence, first offense, and operating on a suspended license. Appellant entered a conditional guilty plea reserving the right to appeal the denial of his motion to suppress the results of his blood alcohol test. The Court ultimately held that the district court properly denied the motion to suppress. The Court first held that the arresting officer did not interfere with appellant’s right to contact and communicate with an attorney, in violation of KRS 189A.105(3), by insisting on dialing the telephone numbers for the attorneys appellant wanted to call. The Court then held that the arresting officer did not interfere with appellant’s right to use all available channels to contact an attorney by only providing him with a local telephone book to find an attorney or by keeping the telephone from appellant.

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