Jesse Thornton, a 61-year-old resident of Arizona and retired firefighter was pulled over in Surprise Arizona on suspicion of driving under the influence. He was arrested despite not drinking any alcohol, much to his surprise.
The arresting officer said to Thornton, "I can tell you're driving DUI by looking in your eyes." Thornton contends he had been swimming that night, and his eyes were likely reddened by the chlorine in the pool.
"I take my glasses off and he says, 'You've got bloodshot eyes.' I said, 'I've been swimming at LA Fitness' and he says 'I think you're DUI," said Thornton. "He goes, 'Well we're going to do a sobriety test.' I said, 'OK, but I got bad knees and a bad hip with surgery in two days."
Following the sobriety test, he was told to sit on a curb, which was uncomfortable thanks to his maladies.
Two other officers administered the sobriety test to Thornton, according to the police report. "I couldn't even sit on the ground like that and they knew it and I was like laying on the ground, then they put me in the back of an SUV and when I asked the officer to move her set up 'cause my hip hut she told me to stop whining." Thornton also claimed one of the officers shone a light in his eyes, then asked the accompanying officer if they were "doing it right."
He was brought to a police station and administered a Breathalyzer test, where he blew a 0.00, indicating a total absence of alcohol. A drug recognition expert at the station told Thornton, "I would never have arrested you, you show no signs of impairment."
Thornton says he was guilty of "driving while black," and has hired a lawyer to assist in suing the police department.
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