A man in Surprise, AZ. was charged with a DUI, despite having a blood alcohol level of 0.00.
Police pulled Jessie Thornton, a 64-year-old retired firefighter, at 11 p.m. When pulled over, the officer believed Thornton was intoxicated because his eyes were bloodshot. Yet Thornton argued he was coming back from swimming at LA Fitness.
Thornton was asked to take a sobriety test when two more officers arrived, according to ABC Action News.
“At one point, one of the officers shined the officers shined the light in my eye and said ‘Oh, sorry,’ and asked the other officer if he was doing it right,” said Thornton.
Thornton was placed in handcuffs and had to sit on the curb of the street, despite telling the officers he had a bad knee and hip.
According to the Examiner, a drug expert was brought into the police headquarters, and concluded no drugs were in the Thornton’s system.
Despite the DUI charge being dropped, Thornton’s vehicle was impounded. A $500,000 lawsuit against the police department was filed. He believes that the police pulled him over for racial reason.
“This is a case of D-W-B, driving while black,” Thornton’s attorney Marc Victor said.