Woman suing cops after falling off chair in DWI arrest had 2 DWI convictions already

The woman arrested for drunk driving and suing Belmar Police over injuries sustained when she fell out of a chair while in custody has two prior DWI convictions according to the Asbury Park Press.

Linda Leone, 68, of Asbury Park pleaded guilty in 2006 to a drunk driving charge in Belmar municipal court and lost her license for seven months, according to the newspaper. Prior to that, the Press reported, her license was suspended in Linden in 1986 for a drunk driving offense.

In 2010, Leone claimed was highly intoxicated after her arrest and admitted to having had four drinks of vodka and orange juice, each with double shots, between 7 and 8 a.m., according to an appellate court ruling allowing her to sue the police department.

Leone spent 180 days in jail for the infraction and lost her license for 10 years, the Press reports. Besides fines and court costs, she will have to have an ignition interlock device installed in her car should her license be reinstated.

Woman who broke hip in drunken stupor after DWI arrest can sue cops

Officers said Leone needed help getting out of their patrol car and fell off the chair several times before she was placed on the floor, the appellate decision states. In a lawsuit, she claimed Belmar police officers failed to exercise reasonable care while she was in their custody.

The Superior Court in Monmouth County had thrown out Linda Leone’s suit, saying the officers were immune from liability. But the appeals panel found police do no not have blanket immunity and said the suit can proceed.

The appellant court ruling does not address whether Leone’s claims are justified — just whether she’s entitled to argue them in a lawsuit.

The lawsuit is below:

Woman sues Belmar after drunkenly breaking hip