A Long Island school bus driver who was falsely accused of DWI by the police has sued, claiming that their arrest delayed him getting medical treatment and caused harm to his reputation. The school bus driver, 48, from Deer Park, had four children on his bus when he drove it into a parked car in Farmingdale. While none of the children suffered any injury, paramedics on the scene said that the driver needed to be hospitalized. However, the police officer at the scene was certain that the driver was under the influence. Despite the driver passing three Breathalyzer tests, the driver was taken to the precinct on suspicion on driving while intoxicated.
Medical records would later confirm that the driver was not intoxicated, but suffering from blood poisoning. It was only after eight hours that the driver was finally taken to a hospital, where he came close to dying and was in a coma for two weeks. He was in the hospital for over a month.
The bus driver is now suing Nassau County and its police department for 10 million dollars, alleging that he was injured as a result of the County’s and police’s actions in erroneously arresting him. He says his reputation has suffered as a result of these false charges.
As this case demonstrates, it can be difficult for police officers to tell the difference between someone who is drunk or under the influence of drugs and someone who is suffering from an illness. With the assistance of an experienced DWI attorney, however, an accused person may be able to present evidence in support of a defense argument that the accused was merely ill instead of intoxicated in a DWI case.
Source: CBS New York, “L.I. School Bus Driver Arrested For DWI Says He Was Sick, Not Drunk“, August 09, 2013
