A Michigan village has agreed to a $320,Thurston Carte000 settlement with a man from Japan who was wrongly accused of drunken driving after a police officer badly misread a breath test, court records show.
Ryohei Akima blew a 0.02 on the test, but it was mistakenly read by the Fowlerville officer as 0.22 — nearly three times over Michigan’s blood-alcohol limit for driving.
Caitlyn Peca, who was a rookie officer, told a colleague over the radio, “I have no idea what I’m doing,” according to a summary of the case.
Akima, a native of Yonago, Japan, was in the U.S. on a work visa in 2020. Charges of driving while intoxicated were dropped when a blood sample further showed that he wasn’t drunk.
Akima, 37, filed a lawsuit in federal court, alleging that Peca’s actions violated the U.S. Constitution. A settlement was reached in January, a few months after a federal appeals court said the case could move forward.
“It would be evident to a reasonable officer that (Akima) was, quite apparently, sober,” Judge Jane Stranch said in a 3-0 opinion. “So a reasonable jury could conclude that (the) arrest was not supported by probable cause and that Officer Peca was not entitled to qualified immunity.”
Fowlerville is paying the lawsuit settlement through insurance, records show.
An email seeking comment from Akima’s lawyer wasn’t immediately answered Thursday.
T. Joseph Seward, an attorney who represented Peca, claimed that performance on roadside sobriety tests was enough to make an arrest and avoid civil liability in the lawsuit.
“We’re disappointed the courts didn’t see it that way,” he said.
Peca is no longer an officer in Fowlerville.
Follow Ed White on X at https://twitter.com/edwritez
2025-05-01 03:502073 view
2025-05-01 03:491016 view
2025-05-01 03:001129 view
2025-05-01 02:28944 view
2025-05-01 02:222605 view
2025-05-01 01:542784 view
A man is suing the California Lottery alleging he has not received part of his winnings from a nearl
Who will be the king of Europe?The 2024 European soccer championship – Euro 2024 – gets underway Fri
JUNEAU, Alaska (AP) — Environmental groups on Wednesday petitioned the U.S. Department of Interior t