Local Law Firms Home > Drunk Driving News > North Port Settles Drunken Driving False Arrest Lawsuit

North Port Settles Drunken Driving False Arrest Lawsuit

The City of North Port, FL, has agreed to a $15,000 settlement in a false arrest lawsuit filed by Bryan Anderson, who was arrested for drunken driving in 2008 even though no alcohol or drugs were found in his system.

Back on Oct 4, 2008, Anderson, who was 18 years old at that time, was coming from a nightclub in Port Charlotte around midnight when police in North Port stopped him for an improper lane change.

Anderson denied being drunk or having taken any drugs. The police offers gave him a sobriety test, which he failed. Anderson claims he cannot walk in a straight line even when he is sober. He took ten steps instead of the nine he was asked to take. He also ended up touching the side of his nose when asked to touch the tip of his nose.

The police arrested Anderson and he was booked on a DUI charge. The charges were later dropped after tests on his breath and urine samples taken at the time he was arrested came back negative for alcohol.

Anderson subsequently filed a false arrest and battery lawsuit, in which he asked for $100,000 as damages for the metal suffering, physical illness resulting from the mental anguish, injury to his reputation, humiliation and other charges.  

The City of North Port has now settled this lawsuit with Anderson agreeing to take a $15,000 payment. He says he will use part of the settlement money to repay his grandparents, who had helped pay for the legal expenses and attorney’s fees associated with the lawsuit.

The civil rights attorney who filed the lawsuit and negotiated with the defendant’ legal representatives said the City of North Port police need to change their pro-arrest policies so that a DUI arrest cannot be made unless there is at least an odor of alcohol.

Did you know?
Refusal to submit to a field sobriety test after a traffic stop can lead to additional punishment on top of a drunken driving conviction.
Refusing to take the test is not a violation of state law per se. But the implied consent provided by all drivers means that the state already has your permission, so refusal can be grounds for an automatic license suspension and/or a steeper sentence for the DUI charge.