The sound of running water caused the officer to turn around and discover that Thompson was peeing on a box of 301 Breathalyzer tubes.
Honest mistake. Really.
Though we’re admittedly are unfamiliar with the intricacies of New Zealand DUI law, here in the States, implied consent laws allow the suspect to choose his or her method of blood alcohol testing. The most common options are blood, breath, and urine.
Thompson was probably just exercising his right to choose the urine test. Seriously, it was an honest mistake. He was aiming for the officer’s coffee cup and hit the box of tubes. It’s hard to aim when you’re hammered.
Wait, allegedly hammered.
Of course, the unreasonable officer didn’t take kindly to the misplaced stream. Ryan Scott Thompson was charged with willful destruction of property on top of the DUI charge.
Are you seeing the possible defenses here yet?
willful: [wil·ful] adj. : not accidental; done deliberately or knowingly and often in conscious violation or disregard of the law, duty, or the rights of others
“Your honor, if I was as drunk as the officers say I was, there’s no way I could have willfully destroyed that property. If anything, it was an accident. In fact, I was simply trying to exercise my right to choose a urine test.”
Unfortunately, his lawyers weren’t nearly as creative as we are. Thompson pled guilty to the drunk driving charge in exchange for a nine month license suspension. He also had to pay $88 for the Breathalyzer tubes.
Related Resources:
- Drunk driver pees on breath test equipment (New Zealand Herald)
- Man Pees on Infant Son, Wife Obtaining a Protective Order (FindLaw’s Phoenix Family Law News Blog)
- Did Drunk US Skier Pee on Girl on a Plane or Not? (FindLaw’s Tarnished Twenty)
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