Federal Judge Denies Dismissal in Wrongful DUI Case

Reviewed by Michael P. Maddux, Esq. | Board Certified Criminal Trial Lawyer | Florida Super Lawyer for 16 Consecutive Years

The Law Office of Michael P. Maddux, P.A. secured a major early victory when a federal judge denied both defendants’ motions to dismiss, allowing the case to move forward toward discovery and trial. The Court found that the plaintiff plausibly alleged he was wrongfully arrested for DUI because he passed sobriety tests and showed no signs of impairment, and ruled that simply smelling marijuana or admitting to prior legal use, without evidence of impairment, is not enough to justify an arrest under Florida law. The judge also rejected the officers’ claims of qualified and sovereign immunity at this stage, meaning they must now face the claims in court. This decision confirms that law enforcement cannot rely on weak or unsupported suspicions to make arrests and holds officers accountable when constitutional rights are violated.