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College Student Pursues Legal Action Against Iowa City After Traffic Stop Arrest Despite Zero Breathalyzer Reading
An Iowa college student is proceeding with a lawsuit against his hometown of Newtown following an arrest during a traffic stop in 2022. This legal action stems from an incident where Tayvin Galanakis was taken into custody despite registering a zero blood alcohol content (BAC) on a breathalyzer test administered by local law enforcement.
Legal Proceedings and Appeals Court Ruling
Tayvin Galanakis initiated legal proceedings shortly after his arrest in 2022. However, progress was delayed due to appeals filed by the three officers involved in the incident. Recently, an appeals court sided with Galanakis, enabling him to continue his lawsuit. The court cited compelling body camera footage which captured the moment the then 19-year-old was handcuffed and informed of his arrest, moments after stating, ‘I blew zero.’
Civil Rights Lawsuit Against City and Officers
Galanakis, currently 21 years old, is suing the city of Newtown, Iowa, along with officers Nathan Winters and Christopher Wing. The lawsuit alleges wrongful arrest, asserting that the officers lacked legitimate cause and violated his civil rights during the traffic stop.
Details of the Traffic Stop
According to court documents, the incident occurred on a cold, rainy night. Galanakis was subjected to a series of field sobriety tests in inclement weather, even after repeatedly requesting a breathalyzer test to demonstrate his sobriety.
The court’s ruling highlighted discrepancies between the officers’ actions and Galanakis’s demeanor, stating: ‘Galanakis’s movements and behavior captured on Winters’s body camera footage suggest the opposite of intoxication.’
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The ruling further noted, ‘…”Galanakis was moving confidently and directing subtle and not-so-subtle verbal jabs at Winters in a manner that would have been difficult for an impaired person”.’ This observation, based on video evidence from August 28, 2022, just past midnight, contradicts any indication of impairment.
Conflicting Accounts and Sobriety Tests
In the bodycam footage, arresting officer Winters is heard asking Galanakis, ‘how much have you had to drink tonight,’ to which Galanakis firmly replies, ‘None.’ Winters stated Galanakis had ‘watery and bloodshot eyes’ and instructed him to exit the vehicle for field sobriety evaluations.
Galanakis reiterated, ‘I’ve had nothing to drink. Zero.’ Initial interactions were described as civil, with discussions about high school and college football. However, the situation reportedly shifted after Galanakis successfully completed the field sobriety tests.
‘Why are you shaking so much?’ Winters questioned Galanakis.
Galanakis responded, ‘It’s freezing man… You’ve got all these clothes on and I’ve got shorts on and it’s raining. And you’re false accusing me, so of course I’m going to be a little nervous.’
Reason for the Traffic Stop
The court documents revealed the initial reason for the stop: ‘Winters and Wing saw Galanakis driving with his high beams on and initiated a traffic stop. Otherwise, there is no suggestion that Galanakis was driving erratically.’ The documents further mention, ‘Galanakis was chewing gum, and there were multiple air fresheners hanging from the car’s rearview mirror.’
Breathalyzer and Subsequent Questioning
Galanakis again requested a breathalyzer test. When administered, it registered a 0.00 BAC. Despite this result, Galanakis was then read his Miranda rights. Officer Winters immediately questioned him about recent marijuana use.
Galanakis paused for several seconds before responding, ‘I do not remember that,’ a delay which officers reportedly cited as justification for probable cause. However, the court reasoned that a pause in such a situation, immediately after being read Miranda rights, is understandable as an individual assesses their response.
Galanakis maintained his stance: ‘Galanakis insisted that he had not smoked that night. He explained that, as a member of the William Penn University football team, he was drug-tested every week; if he smoked, he would get kicked off the team.’
In the video exchange, Galanakis is heard stating, ‘I blow zero so now you think I smoke weed? You can’t do that man, you really can’t do that. I blow zero so you think I’m on drugs? That’s ridiculous.’
Subsequently, the college student was arrested under suspicion of operating a vehicle while intoxicated (OWI).
Drug Evaluation and Court Findings
At the police station, a drug evaluation determined Galanakis was not under the influence of any illegal substances, and he was subsequently released. The court concluded that the officers ‘lacked arguable probable cause to arrest for such intoxication offenses when a suspect is ”not visibly intoxicated” and ”neither his speech nor his actions” suggest intoxication.’
The court further elaborated on typical indicators of intoxication: ‘Factors that indicate intoxication include ‘the odor of alcohol or marijuana on the driver; slurred speech; erratic driving; bloodshot or watery eyes; an unstable gait; and refusing to take a breathalyzer, do field sobriety tests, or otherwise cooperate with police.”
In its findings, the court stated ‘no officer could reasonably conclude that there was a substantial chance that Galanakis was under the influence of marijuana… Galanakis evinced almost no indicia of intoxication: no erratic driving; no odor of marijuana; no watery or bloodshot eyes; no staggering or physical instability; no refusal to take sobriety tests – rather, he twice asked to take a breathalyzer test. And he denied drinking alcohol or smoking marijuana that day or night.’
Lawsuit to Proceed
The court’s recent determination allows Galanakis to move forward with his lawsuit against the involved officers and the city.