Monday, September 7, 2009

Driver sues Indiana police over a forced urine draw

Because drunk driving is often an opinion crime -- as in, that it depends on the officer's opinion -- once an officer decides a driver is intoxicated, there is nothing the driver can do to avoid being arrested.

In Houston, if you are pulled over for a traffic offense late at night and the officer smells alcohol on your breath, he will ask you to get out of your car. At that point it's too late to stop the inevitable -- you are going to be arrested for DWI.

If you refuse to perform the police coordination exercises or to blow into the state's breath test machine - it's evidence of a guilty conscience.

If you ace the police coordination exercises - it's because you have built up a tolerance to the effects of alcohol.

If you blow under a .08 on the state's breath test machine - it's because you body "eliminated" alcohol between the time of the stop and the time of the breath test.

In Lawrenceburg, Indiana, Mr. Jamie Lockard was arrested in March for suspicion of driving while intoxicated. The arresting officer demanded that Mr. Lockard blow into the breath test machine. Mr. Lockard complied -- and passed.

According to a lawsuit filed by Mr. Lockard, Officer Miller then took him to Dearborn County Hospital, shackled him to a gurney and had a catheter inserted into Mr. Lockard in order to obtain a urine sample.

The urine sample confirmed that Mr. Lockard was under the legal limit. But that still wasn't enough for Officer Miller who charged Mr. Lockard with obstruction of justice.

Further proof that with DWI, you are guilty unless proven otherwise.

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