Forced Urine Test In A DUI Prosecution

Man Says Police Forcibly Collected Urine Sample – This was reported here in Cincinnati by WLWT.

Lawrenceburg, IN.  Sept. 3 — An Indiana man has filed a lawsuit claiming that police forcibly withdrew urine from his body during a drunken driving arrest.

According to the suit, police arrested Jamie Lockard, 53, on suspicion of drunk driving in March.

A Breathalyzer test showed he was under the legal limit, but Officer Brian Miller doubted the findings.

Lockard and his attorney claimed in the suit that police took him to Dearborn County Hospital and forced him to submit to a urine test.

Police said they obtained a warrant, but Lockard’s attorney said his client was shackled to a gurney and had a catheter inserted against his will.

“It has to be executed reasonably,” said attorney Doug Garner. “No one would say this is reasonable behavior. It’s reprehensible that anyone could think that this is appropriate.”

The test showed that Lockard’s blood-alcohol level did not exceed Indiana’s legal limit, police said.

Garner said the police officer did not apologize, but instead charged Lockard with obstruction of justice

Let’s look at the FACTS:

1) Breath Test Shows Suspect Innocent

2) Police Don’t Like Breath Test Result

3) Suspect Taken for Forced Urine Collection

4) Police Don’t Like Urine Test Result

5) Police Charge Suspect with Obstruction of Justice

Where is the Justice here?

If you need help with a DUI arrest in Cincinnati or an upcoming court appearance in Hamilton, Butler, Warren or Clermont Counties on a DUI charge, call our office at our 24 Hour Emergency Number at 513.333.0014 to get professional help.

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1 comment… add one

  • Leslie Sammis Nov 20, 2009, 11:44 pm

    The issue of a forced blood test is bad enough, but who could have imagined the police would be handcuff someone to the gurney while a catheter was inserted against their will for the purpose of conducting a DUI Urine test. Can’t wait to see how that lawsuit turns out. Interesting post.

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