How much could i be awarded in civil suit for wrong dui arrest

Expert's Assistant chat
Customer: how much could i be awarded in civil suit for wrong dui arrest
Answered by Ben S. in 6 mins 7 months ago
imglogo
Ben S.
10+ years of experience
logo

26756 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Ben S.
logo
logo
26756 Satisfied customers
logo
10+ years of experience
imglogo
Ben S.
10+ years of experience
logo

26756 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

Ben S., Expert

Hello and welcome to JustAnswer. My name is ***** ***** I'm a licensed attorney. Please note this site is for general information for educational purposes only and my responses do not constitute legal advice, nor do your questions or my responses establish an attorney-client relationship or are subject to attorney-client privilege.

While we are working together, you might experience a wait time. This is because I am working with more than one customer at the same time. Even if it takes a little while, I promise I will respond when I am able to. Thank you for your patience.

I am very sorry to read about your uncertainty and I hope we can address the matter here.

.

Please can you provide some information regarding the wrongful arrest?

Customer
trooper gave me dui citation at 4.45 when i didnt even leave the car, then asked me to drive to a parking lot where he gave me breathalyzer, it showed 0, he arrested me after that
Customer
pulled me over befor for stopping past white line, which is not true
img

Ben S., Expert

I am sorry this happened to you.

Why did he arrest you if you were 0?  Did something else happen?

Customer
nothing
Customer
he just lied i drove erratically
Customer
charged with dui and stopping past white line
img

Ben S., Expert

I have never heard of arresting a driver for stopping past the white line or for DUI with a 0% breathalyzer test.

Were you under the influence of any prescription drugs?  Non-prescription drugs?

Customer
no
Customer
but he claimed i was
img

Ben S., Expert

Thank you for clarifying.

Contrary to what many people believe, a "false" arrest by a police officer does not refer to an arrest that was not supported by evidence. Rather, in order for a police arrest to be wrongful, the police officer must act without authority, or beyond the scope of the officer's powers.  In your case, the officer is going to claim that the way you stopped over the line (and probably the way you were driving), gave the officer a reasonable suspicion that you were committing the crime of DUI.  An officer has the authority to make an arrest based on such reasonable suspicion.  So, it might be very difficult to prove that your arrest was wrongful.

But assuming you could prove the arrest was wrongful, then you could sue for the damages you actually incurred because of the false arrest plus you might be able to sue for punitive damages if you could price the cop acted with malice.  So, for example, if the arrest caused you to incur attorney's fees, you could recover the amount you paid the lawyer.  You could also recover "pain and suffering"-type damages, which might be 2 or 3 times your actual damages.  Your actual damages and your pain and suffering damages are called "compensatory" damages.  And punitive damages might be 5 to 10 times the compensatory damages.

.

Have I given you a satisfactory response?

Customer
in my case he just framed me, lied, took advantage
Customer
if it was reasonable suspicion he would give breathalyzer first, test and then charge, but he stopped me with an intent to frame mer
Customer
after charges he asked me to drive to parking lot, would not have done it if he really thought i was impaired
img

Ben S., Expert

Okay, that's a good point.

I have already explained the types of damages you are entitled to recover.  Is there anything else you need help with today?

Customer
if i hire attorney now i can get more money for civil suit or it doesnt matter?
img

Ben S., Expert

If you can prove your damages, a lawyer could certainly help you get more money than if you try to handle this yourself.

Unfortunately, this website's primary purpose is geared toward answering relatively simple legal questions; it is not really geared toward customers actually engaging the services of attorneys to draft legal documents for them or to represent them in legal disputes (because this would require an actual attorney-client relationship between you and the responding attorney). In all honesty, I suggest you try a website called http://avvo.com, where you can use their Find-a-Lawyer tool to search for a qualified civil rights attorney in your city/town. Speak with a number of highly-rated attorneys (a rating of at least 8.5 and four or five Avvo stars) and select one whom you think you can trust and afford. Other alternatives are http://lawyers.com and http://martindale.com.

If a lawyer agrees to take your case you would not have to pay anything upfront.

Have I now given you a satisfactory response?

Customer
ok, thanks
img

Ben S., Expert

You are welcome. It was my pleasure to assist you. Any bonus you think I have earned would be much appreciated. :)

Cheers!

And if you need help with a new legal question in the future, please use either the "Ask me a new question" feature on your “My Questions,” OR add me to your Favorite Experts list OR click on the following link and start your question with the words "FOR BEN S. ONLY": https://www.justanswer.com/law/expert-californialawyer/?rpt=3800

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer