Man sues City of Winter Park for false arrest

Man says state dropped DUI charge against him

Published On: Dec 24 2013 02:26:18 PM EST   Updated On: Nov 01 2013 07:19:52 PM EDT
Francesco Aiello
MAITLAND, Fla. -

A man, whose DUI charge against him was dropped by the state, is suing the City of Winter Park and the officer who pulled him over because he says he doesn't want what happened to him to happen to anyone else.

According to records, Francesco Aiello's breath alcohol level was .000, and when his urine tested for the presence of drugs, the results came back negative.

"Why I'm going to jail? I didn't do nothing wrong," said Aiello.

Still, Aiello said he spent 24 hours in jail and was charged with driving under the influence.

"I was questioning myself, why I'm here, why they don't let me go, and why they charge me with DUI when everything became negative," Aiello said.

The state has since dropped the charge against him, but Aiello is now suing the City of Winter Park and officer Jeancarlo Rojas, who stated in his report that Aiello quote, "performed the standardized field sobriety exercises poorly."

But Aiello said he was driving home after working 16 hours at his restaurant and followed the officer's instructions on tests, such as walking a straight line and touching his nose as best he could.

"I think we have over zealous and ill-trained police officers who don't know what they're doing," said attorney Jacob V. Stuart, Jr.

The lawsuit claims the officer acted without probable cause when he place Aiello under arrest, and his rights were violated when he was falsely imprisoned.

"There is really drunk people driving, so I mean they should really go after those people, you know?"

The city has 20 days to respond to the lawsuit. Local 6 reached out to a city spokesperson Friday night, but said she cannot comment on pending litigation.