Wrongful arrest case? Help Please!

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Latest post 08-03-2011 5:07 AM by bepreparedbeware. 9 replies.
  • 08-02-2011 6:33 AM

    Wrongful arrest case? Help Please!

    On Thursday, I was leaving from my local health department, (I had been there for about 3 hours) when I was pulled over by a state police officer. As he walked over to my vehicle I asked why he pulled me over, he replied that he knew the vehicle. His manner and actions began to alarm me because he began insisting that I must be "on" somthing and started naming off common street drugs! I do not use anything,drink, or even smoke. I told him this, explained where I had been all morning, and told him the only meds I take are tylenol and prenatal vitamins. (I had just gotten signed up for WIC). He held up a finger and ran it across my field of view twice and pronounced that my puplils were dialated, and eyes were jerky. I told him I was pregnant and did NOT do anything, I had a prenatal appointment at my OBGYN about an hour from then and asked if he wanted to go with me and I would take a drug test. He asked if I would submit to all testing and I said I would. He instructed me to go to my doctors office and he would follow me there (about 4miles). Half-way there, I noticed that he was no longer behind me, I worried, unsure what to do, so I continued to my dr.I went inside checked in and came back out to the parking lot. I waited about 10 minutes then called the department to ask what I should do. They informed me that they knew of the situation but he had stopped another vehicle so there was another officer on his way. About then I noticed a city police officer pull into the lot and park a distance away, facing the office. I waited about five more minutes, and the other state officer arrived. He instructed me to come to my vehicle and parked alongside. He got out and restated what he had been told did the finger test, then also named off some street drugs asking if I used any. I said no told him I had an appointment and had checked in and if he wanted to test me. He replied that he did not, and was going to arrest me. I began to cry and kept begging him to test me or take me to the hospital for testing (1-2minutes away). He refused put me in the backseat, and proceeded to call in my arrest, when he stated to dispatch I refused testing, I yelled I beg you to test me! He released the mike and told me to be quiet. He then called in my tags, coming back to me and my husband, clear- insurance, yes. This was about 11:30am, the air was not on in the back seat and I had already been in the 90 something degree heat for about an hour. By the time we reached the jail, (a 20 minute ride) I was soaked in sweat. I spent 9 hours in jail with no bond untill 9:30pm, at which time my husband bailed me out. I was never read any rights, no one would test me but on my citation all tests are marked refused. I was charged with 7 things, mainly dui-d. I am outraged at this, it is insulting and embarrassing. Me, nor my husband, do anything like what he was accusing. He works in the coal mines here and I am a house-wife. I went to the doctor the next day and had him order a test. I took it and passed.  Ideally, I would like this removed from my record, and the officers disciplined. Is there anything I can do?

  • 08-02-2011 11:07 AM In reply to

    • Kivi
      Consumer
    • Top 25 Contributor
    • Joined on 01-01-2005
    • CA
    • Posts 6,116

    Re: Wrongful arrest case? Help Please!

    If you actually get charged, you defend. For that you either hire an attorney or request the services of a public defender. If you have a court date, it's probably your arraignment. Plead not guilty. If you cannot afford an attorney, then ask for the services of the public defender at your arraignment.

    Until then, you shut your yap and don't discuss this one with anyone else. (It's probably OK to discuss it with hubby, but don't discuss it with your Mom, your neighbors or anyone else.)

    Unless the police want to question you and use your statements in court, they do not have to read you your Miranda rights. TV law is not real law.

    The standard for arresting someone is not the same as the standard for convicting someone in court. The police only need "probable cause", which is a pretty low standard.

    Once you resolve the criminal charges, you can discuss with an attorney whether you have any civil recourse against the local police department. But, you need to resolve the criminal case first. Don't put the cart before the horse.

     

  • 08-02-2011 12:12 PM In reply to

    Re: Wrongful arrest case? Help Please!

    Wow, I am very sorry for you incident.

    I would find myself a lawyer.

    Your entire story sounds rather bizzare to me.  If they suspect you of dui, they don't normally allow you to drive on your merry way at all.  Typically, they take your car keys and you are done from the moment forward.

    It does not sound like they have a whole lot of evidence.  Other than the claim you refused tests.  I would think, based on your post, if you find yourself a lawyer you may have a decent chance in fighting this.

    I would agree with the other poster here, I wouldn't go talking to anyone about this, except my lawyer.

    I have no idea why they would be so insistent you were on something without any reason.

    They don't have to read you your rights.  Sitting in the back of a hot car is not very nice, but that's just part getting arrested.

    Were I you, I would just be trying to be found not guilty.  I would not worry about disciplining the officer's involved.

     

  • 08-02-2011 12:18 PM In reply to

    Re: Wrongful arrest case? Help Please!

    That's not a wrongful arrest. They had reason to believe your were under the influence. They can arrest you for that. You were not mistreated. You were released on bond.

    Their failure to get the blood or breath test will work in your favor but it does not give you any cause of action re: the arrest.

  • 08-02-2011 3:11 PM In reply to

    Re: Wrongful arrest case? Help Please!

    She did not raise the issue of cause.

  • 08-02-2011 9:35 PM In reply to

    Re: Wrongful arrest case? Help Please!

    Hi beprepared,

    Sorry for what you experienced, it sounds terrifying.

    I'm including a link to a free FAQ at the site about Criminal Arrests..it may help sort things out a bit.

    http://criminal.lawyer...

    Sharon

  • 08-03-2011 5:07 AM In reply to

    Re: Wrongful arrest case? Help Please!

    Thank you all, I apperciate your advice and will take it into consideration. This is certainly an eye-opening experience for me.

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