Current:Home > MarketsMan accused of drunken driving can sue Michigan police officer who misread a breath test-InfoLens
Man accused of drunken driving can sue Michigan police officer who misread a breath test
View Date:2024-12-23 16:35:47
A man from Japan wrongly accused of drunken driving can sue a Michigan police officer who grossly misread a breath test and conceded during the stop that she had “no idea” what she was doing, a federal appeals court said Thursday.
The man blew a 0.02 on the breath test, but it was mistakenly read by the Fowlerville officer as 0.22 — nearly three times over the state’s blood-alcohol limit for driving.
A blood draw subsequently revealed a blood-alcohol level of 0.01. Charges of driving while intoxicated were dropped days later in 2020 when the lab results came in.
The 6th U.S. Circuit Court of Appeals said the man’s lawsuit, alleging a violation of constitutional rights, can proceed against Officer Caitlyn Peca.
The man, a 37-year-old native of Yonago, Japan, was in the U.S. on a work visa.
“It would be evident to a reasonable officer that (the man) was, quite apparently, sober,” Judge Jane Stranch said in a 3-0 opinion. “So a reasonable jury could conclude that (the) arrest was not supported by probable cause and that Officer Peca was not entitled to qualified immunity.”
T. Joseph Seward, an attorney representing Peca, said he was disappointed by the decision and believes the man’s performance on roadside sobriety tests was enough to arrest him.
The appeals court, however, said that another officer at the scene testified that the tests were administered incorrectly, which may have affected the results.
The court noted that Peca, who was a rookie officer, at one point told a colleague over the radio, “I have no idea what I’m doing.”
Seward said Peca now works elsewhere for a sheriff’s department. The lawsuit will return to federal court in Detroit for trial or a possible settlement.
___
Follow Ed White at http://twitter.com/edwritez
veryGood! (141)
Related
- How many dog breeds are there? A guide to groups recognized in the US
- Man accused of stealing airplane at North Las Vegas Airport, flying to California: Reports
- Deer crashes through windshield, kills 23-year-old Mississippi woman: Reports
- 2 New York men claim $1 million lottery wins on same day
- Judge set to rule on whether to scrap Trump’s conviction in hush money case
- After the Surfside collapse, Florida is seeing a new condo boom
- Mexican cartel forces locals to pay for makeshift Wi-Fi under threat of death
- Golden Bachelor's Leslie Fhima Hospitalized on Her 65th Birthday
- Lady Gaga Joins Wednesday Season 2 With Jenna Ortega, So Prepare to Have a Monster Ball
- New Mexico considers setback requirements for oil wells near schools and day care centers
Ranking
- Manhattan rooftop fire sends plumes of dark smoke into skyline
- Beyoncé breaks the internet again: All 5 Destiny's Child members reunite in epic photo
- Dua Lipa Shares New Photos Of Her Blonde Hair Transformation in Argylle
- The 'Golden Bachelor' wedding is here: A look at Gerry and Theresa's second-chance romance
- Pistons' Tim Hardaway Jr. leaves in wheelchair after banging head on court
- Israel’s Supreme Court delays activation of law that makes it harder to remove Netanyahu from office
- Last remaining charge dropped against Virginia elections official
- Deer crashes through windshield, kills 23-year-old Mississippi woman: Reports
Recommendation
-
Hurricane-stricken Tampa Bay Rays to play 2025 season at Yankees’ spring training field in Tampa
-
Ford is recalling more than 112,000 F-150 trucks that could roll away while parked
-
These Are the Best Sports Bras for Big Boobs That Are Comfy & Supportive, According to an Expert
-
Narcissists may have this distinct facial feature, but experts say dig deeper
-
ONA Community Introduce
-
Jen Shah Speaks Out From Prison Amid Explosive RHOSLC Finale
-
Hearing aids may boost longevity, study finds. But only if used regularly
-
Horoscopes Today, January 3, 2024