Jessica Mathews / Associated Press


A federal appeals court has ruled that a man from Japan wrongly accused of drunken driving can sue a Michigan police officer who grossly misread a breath test during a traffic stop in Fowlerville.

37-year-old Ryohei Akima blew a 0.02% on the breath test, but it was mistakenly read by the Fowlerville officer as 0.22% — nearly three times over the state’s blood-alcohol limit for driving. A blood draw subsequently revealed a blood-alcohol level of 0.01%.

Charges of operating while intoxicated and operating with a blood alcohol content of .17% or more were filed in 53rd District Court in Howell in February of 2020. Court records show they were dropped the next month after lab results came in.

The 6th U.S. Circuit Court of Appeals said Akima’s lawsuit, alleging a violation of constitutional rights, can proceed against Officer Caitlyn Peca.

Akima was in the U.S. at the time for temporary work.

Judge Jane Stranch said in a 3-0 opinion “It would be evident to a reasonable officer that (the man) was, quite apparently, sober. So a reasonable jury could conclude that (the) arrest was not supported by probable cause and that Officer Peca was not entitled to qualified immunity”.

T. Joseph Seward, an attorney representing Peca, said he was disappointed by the decision and believes the man's performance on roadside sobriety tests was enough to arrest him.

The appeals court, however, said that another officer at the scene testified that the tests were administered incorrectly, which may have affected the results.

The court noted that Peca, who was a rookie officer, at one point told a colleague over the radio, “I have no idea what I'm doing." Seward said Peca now works elsewhere for a sheriff's department.

The lawsuit will return to federal court in Detroit for trial or a possible settlement.

A copy of the order is attached.