Long Island Man Allowed to Sue for False DWI Arrest

A U.S. District Court has confirmed the right of a Long Island, New York man to sue Nassau County for being charged with DWI when he actually was suffering from a stroke.

In August 2004, limousine driver Jorge Aguilera was stopped for suspicion of DWI while driving on the Long Island Expressway. A field sobriety test did not indicate a presence of alcohol yet Aquilera was still arrested for DWI and taken to the Mineola, New York police station. There he remained handcuffed for two hours, after which time he was subjected to additional alcohol and drug tests. All were negative, and eventually the charges were dropped.

After being released, Aguilera was taken to Winthrop University Hospital, where doctors diagnosed him with having a stroke.

District Court Judge Arthur Spatt recently denied Nassau County’s motion to have Aquilera’s suit against the county dismissed. Nassau County Attorney Lorna Goodman said the county is disappointed with the court ruling.

At the time of his DWI arrest Aguilera allegedly told the police that "he did not feel well and was unable to control his movements."

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