NJ Woman Settles Lawsuit Against Ocean City for Forced Catheter in DUI Case
A New Jersey woman’s case against Ocean City has reached a $140,000 settlement. The woman was arrested on a DUI charge. Forced catheterization was performed to provide urine samples. A police officer, city officer, and a nurse were additionally named in the lawsuit. All charges were dropped against these individuals at the time of settlement.
The woman said she was pulled over by police on a suspected drunk driving charge. She said she could not have blood alcohol tests and did not authorize the forced catheterization. The lawsuit explains that she became infected with methicillin-resistant Staphylococcus aureus as a result of the incident.
The case has two parts. The woman was charged with drunk driving. She didn’t submit to BAC testing for unknown reasons. She was forced to provide a urine sample for BAC testing. New Jersey law prohibits police and other officials from forcibly taking a blood or urine sample.
New Jersey law says that refusing to submit to BAC testing can result in a seven-month driver’s license revocation for a first-time offense (plus a maximum $500 fine), two-year license revocation for a second offense (plus a maximum $1,000 fine), and 10-year license revocation (plus a maximum $1,000 fine) for a third offense. Penalties for refusing to submit to testing double if the driver is arrested when driving through a school crossing, on school property, or within one thousand feet of a school.
After an individual is arrested, the police officer requests a breath test. He or she should state your rights if you agree to the test or the penalties involved if you don’t submit. Assuming that you submit to testing, you’re allowed to know the test results. You also have the legal right to request more breath, urine, or blood tests to be performed by a medical provider of your choice.
Under New Jersey Statute Ann. 39:4-50.2, all drivers must submit to BAC testing in New Jersey. The implied consent statute requires this. However, the law also says that chemical tests can’t be obtained forcibly from a DWI suspect. Even if you’re not driving the vehicle, New Jersey law says you can be charged with a DWI. If you allow another individual to drive your vehicle—even if you know that he or she is drunk—then you can be charged and convicted of a DWI.
If you or someone you love has been charged with a DUI or DWI in New Jersey, or if you’ve been injured as a result of someone else’s negligence, contact The Law Firm of Jill R. Cohen now to schedule an initial case evaluation.