A man wrongly accused of drunken driving can sue a Michigan police officer who grossly misread a breath test
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.
“It would be evident to a reasonable officer that was, quite apparently, sober,” Judge Jane Stranch said in a 3-0 opinion. “So a reasonable jury could conclude that 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.
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