Not entirely sure how you can blow a zero on the breathalizer, pass the drug and alcohol exam, and still get pinched for DUI. Something fishy here. Read at newsnet5.com:
Jessie Thornton sleeps during the day and runs errands and works out during the night.
Around 11 p.m. Thornton, according to Surprise Police Department paperwork, was pulled over for crossing the white line in his lane.
"He (the officer) walked up and he said 'I can tell you're driving DUI by looking in your eyes,'" said Thornton.
The 64-year-old says his eyes could have been red because he had just left LA Fitness where he was in the pool swimming.
"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 (the officer) 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.'"
Medical documents show Thornton was scheduled to have hip replacement surgery two days after the incident.
According to the police report, the officer notes that Thornton does have a hip and knee problem.
Thornton said two other officers arrived and he conducted the sobriety test.