A Nebraska Good Samaritan was arrested on a DUI charge right after helping crash victims, despite no breathalyzer test to prove his supposed drunkenness. The case was eventually dismissed, and after filing a lawsuit, he is now $500,000 richer.
The incident occurred back on July 30, 2021. As reported by CBS News Colorado, Jesse Cunningham was in the Centennial State for a family vacation, specifically in Fort Collins.
While on the road, the man, his wife, and their daughters witnessed a serious motorcycle crash. A medically trained Iraq veteran, Cunningham rushed to the scene and assisted them, saving the life of one of the seriously injured riders.
Shortly after, Fort Collins Police officers arrived at the scene and began talking to Cunningham, who explained what had gone down. One officer, however, Jason Haferman, noticed a distinct odor on the Good Samaritan.
DUI Suspect?
The officer reported that Cunningham smelled like alcohol. The man straight-up admitted to having consumed two beers, even though it was several hours before he jumped behind the wheel.
The father, who told the outlet he “couldn’t believe what was going on,” turned into a DUI suspect. Still, he was hopeful that a breathalyzer test would dispel any suspicions regarding his alleged impairment.
To his shock, no breath tests were administered. Despite his repeated requests, he was denied one, with the officer explaining that Cunningham was on Adderall, which would affect the test. Cunningham, meanwhile, explained he hadn’t taken any Adderall as he had traveled without his medication.
Good Samaritan Charged
Field sobriety tests were conducted on the side of the road. Officer Haferman ultimately determined that Cunningham had failed them.
As a result, the short-lived Good Samaritan was placed under arrest on suspicion of DUI. Furthermore, he was also arrested on suspicion of child abuse, given that his minor daughters were inside the family SUV.
Handcuffed, Cunningham eventually took a blood test. While waiting for the results, his life was flipped upside down.
Consequences
According to Cunningham, the arrest ended up with a botched work promotion. But the worst part was having Child Protective Services open an investigation due to the child abuse allegations raised against him.
Back in his home in Nebraska, his daughters were interviewed, and their physician was contacted. He was even required to submit a regular urinalysis test while his criminal case remained standing.
Finally, the results came back, three months after the fact. These showed no blood or drugs in Cunningham’s blood. As a result, the criminal case against him was dismissed.
Lawsuit Filed, Settlement
Shortly after, Cunningham filed a lawsuit against Officer Haferman and the City of Fort Collins. He alleged that he was wrongfully arrested and that his requests for a breathalyzer test were denied.
Now, years later, the lawsuit was settled by the City of Fort Collins for $500,000. Cunningham’s attorney called it the largest wrongful DUI arrest settlement.
Still, Cunningham believes no amount of money could ever make up for what he and his family went through. He said, “It just made me extremely cautious. I shouldn’t feel uneasy when law enforcement is around. Unfortunately, now I do.”
Officer Haferman resigned as a member of the force back in 2022. As per a CBS News Colorado investigation, he was involved in nine DUI arrests involving people whose blood ultimately tested negative for alcohol or drugs. These cases occurred only in one year.