St. Charles County Prosecutor refused breathalyzer & flashed badge during DWI arrest, documents say
ST. CHARLES COUNTY, Mo. (KMOV) – St. Charles County Prosecutor Tim Lohmar refused to take a breathalyzer and flashed his badge at police when he was stopped for a DWI last week, according to a police document obtained by News 4.
Lohmar was arrested July 1 near the Lake of the Ozarks. He has not yet been charged with anything. News 4 has learned a warrant was issued to collect a blood sample from him after he refused the breathalyzer.
An officer reported that he was working a separate accident involving an intoxicated driver when fire officials notified him on scene of a vehicle that had gone around a fire truck that had its emergency lights active into the crash scene. When the officer approached the vehicle, he said he immediately observed a strong odor of intoxicant.
The officer wrote, “The driver who I identified as Timothy Lohmar attempted to flash a badge at me and I instructed Mr. Lohmar to put his credentials away as it would not affect my decision.” The officer said he observed Lohmar’s eyes to “be watery, glassy and bloodshot.”
Lohmar denied that he flashed his badge at the officer.
“Any assertion that I presented my badge is patently false,” Lohmar said in a written statement to News 4. “I keep my badge in a wallet along with my drivers license and credit cards. The fact that my badge may have been visible was only because I was trying to comply with the officers request.”
The prosecutor refused a breath test and a field sobriety test. That’s when the officer sought a warrant to take Lohmar’s blood, which according to other documents, did occur.
Saint Louis University Law Professor Anders Walker notes Lohmar has not been charged nor convicted but that failing to do the test raises other issues. In Missouri, failure to comply with a breath test can result in a suspension of someone’s driver’s license. Lohmar’s license was initially revoked by the Missouri Department of Revenue, but a judge issued an order allowing him to keep it, for now.
In an email to News 4, the Lake Ozark City attorney confirmed that no formal charges had been filed as of Thursday. He further added in cases in which blood was drawn, “I would defer on filing charges until we get the lab results back, which can be several months.”
Walker said since Lohmar’s driving record is clear, if he is convicted, he could get a light penalty, and the voters could decide if he stays in office. He might also face ramifications for his law license, but all that is a long way off.
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