A Utah woman called the Layton police after her car was totaled in a traffic accident, and ended up getting arrested for DUI.
According to KUTV, however, it turns out Amanda Houghton was not intoxicated, as blood tests confirmed. “I was shocked,” she exclaimed. “Who arrests a sober person for DUI?”
She did fail the field sobriety test, which she blames on the trauma of the accident.
In addition, she claims that she was subjected to an improper search. The police car’s dash cam recorded her being handcuffed, and showed the officer’s hands near her breasts.
Houghton is now pursuing legal action against the city of Layton for both the erroneous DUI charge and the body search.
A request to dismiss the DUI charge has been filed by her criminal defense attorney, Jonathan Nish, who said: “I don’t believe they should have administered the field sobriety tests at all in this case.”
Meanwhile, she has hired another attorney, Robert Sykes, who is seeking legal action against the City of Layton, claiming that the officer had no reason to suspect his client was under the influence, and that the search of her person was unconstitutional. “I think this amounted to an unconstitutional search of a woman without a necessity to do so,” he said.
Lt. Travis Lyman said his officer did the arrest by the book and had reasonable suspicion that Amanda was under the influence. In the police report, officer G. Schatman claims that Houghton gave “short quick answers to questions and she was speaking rapidly…” The report also says that she “was unable to stand still and seemed to be making jerky movements.”
Lt. Lyman also defended the search around Houghton’s breasts, noting that male officers perform the search when a female officer is not present. “That’s standard practice. Anytime someone gets arrested they are going to be searched,” he said.