Bobbi Shaffer was a professional driver. She drove a school bus, and she drove for DoorDash. After she was arrested for DUI (called ‘OVI’ in Ohio), she lost both jobs. Now, she is suing the police officers and the city for violating her constitutional rights.
Driver Stopped Based on Caller’s Tip
According to WTOL11, Shaffer was making a DoorDash delivery when she was stopped by police officers. The officers said they stopped Shaffer because someone reported Shaffer was driving all over the road. The officers apparently did not observe Shaffer commit any traffic violations.
Urine Test Exonerates Driver
The officers administered field sobriety tests and arrested Shaffer. Shaffer submitted to a urine test, and the officers charged Shaffer with OVI. Shaffer then lost both driving jobs, and her arrest was reported in the local media. Four months later, the urine test results showed no alcohol or illegal drugs, and the OVI charge was dismissed.
Two Problems With the Arrest
The first problem with the arrest is that the police detained Shaffer based on an informant’s tip. It appears the officers did not observe Shaffer violate the law and based the traffic stop solely on a 911 call. While Navarette v. California states informant tips may be the basis for a traffic stop, this informant reportedly knew Shaffer and admitted he made a false 911 call.
The second problem with the arrest is related to the field sobriety tests. According to the training received by the officers, observing a certain number of ‘clues’ on the tests indicates the subject’s blood alcohol concentration is likely over .08%. However, although the officers apparently observed those ‘clues’, the urine test showed there was no alcohol in Shaffer’s system.
Driver Files Two Lawsuits
Shaffer filed a lawsuit against the city and the individual police officers in federal court. Shaffer claims the officers violated her constitutional rights and caused her emotional distress, anxiety humiliation, and embarrassment. Shaffer filed a separate lawsuit against the school district, claiming the school district discriminated against her. That lawsuit has been settled.
One Lawsuit is Pending
Thankfully, the urine text exonerated Shaffer, and the OVI charge was dismissed. Unfortunately, that did not occur until after Shaffer lost both jobs. It will be interesting to see the outcome of Shaffer’s lawsuit against the officers and the city.
About the Author: Shawn Dominy is a leading OVI lawyer in Ohio and the founder of the Dominy Law Firm in Columbus, Ohio. He can be reached through his law firm’s website: Dominy Law Firm.
