IPFS News Link • Law Enforcers or Peace Officers

Federal Court Upholds DUI Jailing of Sober Man

02-10-2010 • TheNewspaper.com

US Court of Appeals denies relief to sober Army veteran jailed for DUI. The Eleventh Circuit US Court of Appeals on Tuesday saw no problem with jailing a man for eight hours after he blew .03 on a breathalyzer -- far below the legal limit. Santa Rosa County, Florida sheriff's deputies had arrested Roger A. Festa on the charge of driving under the influence of alcohol (DUI) on April 9, 2005. Since he had been entirely sober, Festa sued Deputy Adam Teichner and Deputy Douglas Burgett for unlawful arrest. On the day in question, Burgett had received a 911 call describing a vehicle similar to Festa's swerving. Burgett noticed Festa's car and claimed he saw it make a sudden lane change in order to avoid a car that had made an unexpected turn. He also noted that Festa, while not speeding, was varying his velocity. Burgett initiated the stop. Festa explained to the deputy that he and his wife were in an unfamiliar area looking for a place to eat. He admitted that he had a single dri