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Ricardo Nieves

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In this image from a Jan. 29, 2014 video, Ricardo Nieves stands in a parking lot where he says he was stopped and motions in the direction he says he'd been driving from during the National Roadside Survey of Alcohol and Drugged Driving on Dec. 13, 2013 in Reading, Pa. Nieves filed a federal lawsuit over the survey, saying his rights were violated when a government contractor forced him into the parking lot, where he was questioned about his driving habits and asked to provide a saliva sample. (AP Photo/Michael Rubinkam)

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In this Feb. 13, 2013 photo, Ricardo Nieves, a candidate for Reading, Pa., City Council, poses for a portrait. Nieves, who was driving his vehicle, was stopped in one of the federal government's National Roadside Survey of Alcohol and Drugged Driving sites on Dec. 13, 2013. Nieves filed a federal lawsuit over the survey, saying his rights were violated when a government contractor forced him into a parking lot where he was questioned about his driving habits and asked to provide a saliva sample. (AP Photo/Reading Eagle, Tim Leedy)