Man gets one million dollar settlement from New York City after showing how being arrested for a DUI does not mean you are guilty

Posted by Richard Lawson | Mar 15, 2018 | 0 Comments

On April 19, 2015, Oliver Wiggins was hit after an NYPD officer drove through a stop sign and hit his car. Even though common sense clearly showed that the police officer was the “at-fault” driver, Wiggins was charged with driving while intoxicated. From the beginning, he claimed he had nothing to drink. Wiggins argued that the whole incident was a cover-up. Wiggins submitted to the Breathalyzer test that showed no alcohol in his blood. However, the officer claimed that Wiggins' eyes were bloodshot, his speech was slurred, he was swaying, and there was a smell of alcohol on his breath. 

Throughout the process, Wiggins not only claimed he wasn't drinking that night but that he does not drink at all. His story was further evidenced by the EMT at the site and the blood test done at the hospital showing he was not impaired by drugs or alcohol. The prosecutors dismissed the charges three months later. This past week, Wiggins received a settlement of almost a million dollars from New York City. He is now trying to put this incident behind him and wants to become a corrections officer.

However, even though the charges were eventually dropped, Wiggins dealt with many issues because of the DUI charge. He had his driver's license suspended, and his insurance company refused to cover the car repairs because he was arrested. 

Even worse, had this arrest occurred in Georgia, he would not have been able to get his arrest record expunged. Georgia no longer has expungement. We have record restriction, which still allows judges, police officers, and prosecutors see a person's arrest. The result is the unfair outcome of an innocent person still technically having a “record.”

Wiggins' case demonstrates precisely what our Georgia DUI Attorneys tell our clients: a charge is not the same as a conviction! Law enforcement officers are not perfect, and they do make mistakes. Never plead guilty to a DUI charge because you think you have no other option. Even a first DUI conviction can have life-altering effects. 

Our DUI Lawyers in Georgia have over 50 combined years of experience in DUI defense. We understand the consequences of a DUI conviction and will assist in formulating the best defense strategy for your case.  

Learn from what happened to Oliver Wiggins and understand that you always have options to fight your charge. Let our experienced Georgia DUI Lawyers help you today. Call now for a free case evaluation. 

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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