According to the Salt Lake Tribune, on June 16, 2012, truck driver Robert Kuchcinski was driving along Interstate 15, near Tremonton, Utah, when he allegedly reached across the cab to retrieve something, causing him to drift out of his lane.
A Utah Highway Patrol trooper witnessed Kuchcinski drifting out of his lane and pulled him over.
The trooper cited Kuchcinski for failure to maintain his lane, a class C misdemeanor and required him to take a Breathalyzer and filed sobriety test. Kuchcinski warned the trooper that he might fail the field sobriety test because an inner ear infection was affecting his equilibrium, causing him to lose his balance.
Despite Kuchcinski’s warning, the trooper required Kuchcinski to take the filed sobriety test. As predicted, he failed.
The trooper arrested Kuchcinski on suspicion of driving while impaired and took him to the Box Elder County jail. Officials took a blood sample from Kuchcinski when he arrived at the jail.
For the next 17 days, Kuchinski was retained in the Box Elder County jail even though he had never been formally charged with a crime. Kuchinski claims he was not allowed to meet with an attorney.
Finally, on July 2, 2012, Kuchcinski asked a deputy sheriff when he would be allowed to see a judge. The deputy sheriff asked Kuchcinski what his attorney had informed him, and he told the deputy sheriff he had not yet met with one.
The deputy sheriff then allowed Kuchcinski to meet with an attorney.
A day later, Kuchcinski was released from jail.
His attorney, Earl Webster, obtained a copy of Kuchcinski’s file and learned that Kuchinski blew a 0.00 on his Breathalyzer test and that his blood tested negative for controlled or impairing substances, the Salt Lake Tribune reported.
While incarcerated, Kuchcinski was fired from his job. He says he now has “debilitating anxiety attacks” whenever he drives more than a few miles from his home, making it difficult to work as a truck driver.
Kuchcinski is suing for false imprisonment. He is seeking financial compensation.