People v. Torres Rodríguez
People v. Torres Rodríguez
Opinion of the Court
Defendant appeals from a judgment which sentenced him to pay a $100 fine for driving a motor vehicle under the influence of intoxicating liquor. He contends that “the court erred in not excluding the evidence of the chemical analysis of the urine sample taken from defendant and on the contrary it admitted said evidence for the purpose of convicting defendant of the offense charged against him.”
The policeman who intervened with the appellant was the person who took the sample. It was not established whether he was instructed to the effect that upon taking the urine sample he must empty his bladder completely. He maintains that the sample should have been taken by a graduate nurse and that he should have been instructed to empty his bladder completely. He alleges, also, that no less than 10 milliliters of urine, more or less, should be deposited in each one of the three vials and that in the present case only 5 milliliters were deposited in each vial. He invokes 9 R.&R.P.R. § 1043-1 (b) and § 1043-2(b).
The Regulations provide that the urine samples from men shall be collected by the same persons authorized to collect the blood samples or by the police officer or member.
The judgment appealed from will be affirmed.
The Regulations provide thus:
Section 1043-1 (b)
“The person shall empty his bladder completely in a clean and dry vial from which the sample shall be collected.
“The urine samples from men shall be collected by the same persons authorized to collect the blood samples or by a police officer or member.
“In the ease of women, the samples shall be collected by a policewoman or they will be taken to a state or municipal hospital or a health center where a nurse will collect the sample.” (Italics ours.)
Section 1043-2 (b)
“Not less than 10 milliliters, approximately, of urine shall be deposited into each of the 3 vials provided for this purpose.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.