Post by WaTcHeR on Oct 12, 2006 11:28:37 GMT -5
10.12.2006 - CENTRAL ISLIP, N.Y. - A limousine driver who claims he was driving erratically because he suffered a stroke not because he was drunk can sue Nassau County for false arrest, a federal judge has ruled.
U.S. District Judge Arthur Spatt denied the county's motion to dismiss the suit filed by Jorge Aguilera of Sands Point.
Aguilera's limo was pulled over Aug. 26, 2004, on the Long Island Expressway in Syosset, after two officers observed him driving erratically. He told the officers that "he did not feel well and was unable to control his movements," according to the lawsuit.
Although a field sobriety test for alcohol was negative, the lawsuit said, Aguilera was arrested on a DWI charge and taken to police headquarters in Mineola. He was handcuffed to a bench for about two hours before more alcohol and drugs test were administered, it said.
None of the tests showed signs of alcohol or drugs and the charge against Aguilera was ultimately dropped, the suit said. According to his lawsuit, Aguilera was then taken to Winthrop-University Hospital where he was diagnosed as having a stroke.
Nassau County Attorney Lorna Goodman said the county was disappointed by Spatt's Sept. 18 ruling, and disputed Aguilera's claims.
www.newsday.com/news/local/wire/newyork/ny-bc-ny--dwistroke0928sep28,0,1961775.story?coll=ny-region-apnewyork
U.S. District Judge Arthur Spatt denied the county's motion to dismiss the suit filed by Jorge Aguilera of Sands Point.
Aguilera's limo was pulled over Aug. 26, 2004, on the Long Island Expressway in Syosset, after two officers observed him driving erratically. He told the officers that "he did not feel well and was unable to control his movements," according to the lawsuit.
Although a field sobriety test for alcohol was negative, the lawsuit said, Aguilera was arrested on a DWI charge and taken to police headquarters in Mineola. He was handcuffed to a bench for about two hours before more alcohol and drugs test were administered, it said.
None of the tests showed signs of alcohol or drugs and the charge against Aguilera was ultimately dropped, the suit said. According to his lawsuit, Aguilera was then taken to Winthrop-University Hospital where he was diagnosed as having a stroke.
Nassau County Attorney Lorna Goodman said the county was disappointed by Spatt's Sept. 18 ruling, and disputed Aguilera's claims.
www.newsday.com/news/local/wire/newyork/ny-bc-ny--dwistroke0928sep28,0,1961775.story?coll=ny-region-apnewyork