A woman convicted of being extremely intoxicated while driving is now suing a county in Michigan, accusing deputies of being negligent in preventing a fall at the jail in which the woman suffered serious facial injuries.
When a sheriff's deputy tested Tammy Korthals' blood alcohol content during a 2014 traffic stop, he thought his Breathalyzer was malfunctioning according to the mlive report.
Huron County Sheriff's Deputy Bradley Strozeski said Korthals, 46, registered a 0.346 blood alcohol content level, according to the lawsuit. In Michigan, a BAC of 0.08 and greater is considered to be legally intoxicated; additional penalties are assessed when a BAC registers 0.17 or higher.
A second deputy tested Korthals, and his reading was even higher, prompting the pair to escort Korthals to a hospital, where a blood test revealed a BAC of 0.41, according to the lawsuit. Korthals was medically cleared and released from the hospital into the custody of the sheriff’s office.
While at the jail, Korthals was required to climb up stairs while handcuffed and fell, hitting her head and knocking her unconscious, according to the lawsuit. Attorneys for Korthals claim that Strozeski was “grossly negligent” and that Korthals’ “rights under the Eighth and Fourteenth Amendments were violated.”
Korthals’ attorneys claim that Strozeski could have prevented her fall by providing the extra assistance needed to navigate stairs in her extremely inebriated state. Korthals suffered facial fractures and a traumatic brain injury, according to the lawsuit. Korthals is seeking more than $75,000 in damages.
Korthals was convicted in 2015 of operating a motor vehicle with a blood alcohol content of 0.17 or higher and sentenced to 30 days in jail and one year of probation.
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