What happens when a police officer breaks the law?
That’s what an Indianapolis police officer is waiting to find out.
The officer is facing a lawsuit from a couple who suffered injuries when his police car struck them as they rode their motorcycles in August 2010. The couple’s friend was killed in the crash, while they have both undergone several surgeries and rehab sessions.
Prosecutors said the police officer had a blood alcohol level of 0.19, more than twice the legal limit, at the time of the crash. This blood draw was thrown out as evidence on a technicality for the charge of drunk driving.
However, Judge Grant Hawkins ruled on Oct. 27 that the blood test could be used as evidence for the officer’s other charges – reckless homicide and criminal recklessness.
The officer’s defense attorney argued that if the blood draw couldn’t be used as evidence in a DUI charge, it shouldn’t be allowed for any criminal charges against his client.
“If it was garbage in, it was garbage out. You can’t pick your poison,” said defense attorney John Kautzman, according to Eyewitness News. “If the collection process is flawed, then the testing could be based on a flawed sample.”
The defense team will likely continue to work toward getting the test results thrown out by investigating the chain of command and how it was tested. The couple in the accident told Eyewitness News that they believe defendant’s position as a police officer is slowing down the court proceedings.
“If this had been one of us that had done this, an average, every day Joe Citizen, then it already would have been put behind them. We could have gone on with our lives. I feel with him being a police officer, too many things are being drug out,” they said.
The couple married in September. They are trying to enjoy their life as newlyweds as much as possible.
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Call Indiana accident lawyer Ken Nunn at 1-800-CALL-KEN today and get his advice completely free! He and his motorcycle accident lawyers have more than 42 years of experience fighting for accident victims.
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