Drunken Driving Conviction Flushed Over Flawed Urine Test

UPDATED: Tuesday July 2, 2013 2:56 PM

A Ross County impaired driving conviction has been overturned the Fourth District Court of Appeals because the court ruled that a trooper did not follow protocol while processing the driver's urine test.

Records from March 24, 2012, show that the trooper waited 12 hours before submitting the urine for testing, which the court said is more than double the amount of time that is generally considered acceptable.

Ohio code states that all blood and urine samples must be refrigerated if not in transit or under examination, which did not happen in this case.

In a 2-1 decision, the appeals court ruled that the 12-hour time period was too long and out of compliance, and therefore Mullins' urine sample should have been suppressed.

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