False DUI Arrest: Pre-Suit Win

We resolved a false DUI arrest claim against the Port Orange Police Department before filing suit.

What Happened

Our client was stopped for speeding and arrested for DUI. Her breath tests came back 0.000 twice. A certified Drug Recognition Expert evaluated her and found she was not impaired. The body-worn camera footage showed the officers’ own hesitation about the nystagmus they later documented with certainty. She was still booked into jail, and her mugshot ended up online.

How We Resolved the Claim

We served a Notice of Claim under § 768.28, and the City resolved the claim without a lawsuit.

An arrest has to rest on probable cause, not on a hunch that the evidence ends up contradicting. If you or someone you know was arrested despite evidence of innocence, call the Law Office of Michael P. Maddux, P.A. at (813) 253-3363.