wrongful arrest?

[Alfer23]

What is the name of your state? Texas

wrongful arrest?

Hello,

I am calling a lawyer tomorrow, but any comments or insight would be appreciated.

Last night I got into an argument with my girlfriend while she had her female friend over. We had been drinking (lightly) earlier that night (with dinner), but I took a nap after arguing around midnight.

I woke up at about 4am to get a drink of water and caught them going through my e-mails, so I got angry and decided to go out for some fresh air to advoid blowing up on her in front of her friend. I said "I'm out of here." and grabbed her keys and drove around for less than an hour.

Well, apparently she called the cops (she said nothing when I left, I'm guessing she didn't know I was taking the car) (she's a paranoid schitsofrenic and thought I was going to go away forever or something like that, I guess). I brought the car home and while walking to the door, two cop cars pull up and cops jump out screaming at me. They ask me where I've been, I explained and was told "you're full of ****." as if I had been off doing something wrong. The cops asked how many narcotics I have been doing. I said none. He asked how much I've had to drink that night. I said "well much earlier, I had some beers with dinner." He had me follow his penlight with my eyes (no problem, I was sober as can be, was sober when I woke up hours prior. I never even got drunk that night, I had maybe three beers with a large dinner. I could stand on one leg, touch my nose with eyes closed, etc) and tells me that he's arresting me for public intoxication. I asked for a breathlizer or blood or urine test because I was certain I wasn't intoxicated, he told me "you're not drunk, but you're intoxicated. there is a difference. I don't have to prove anything."

My girlfriend was not angry once she saw i was back with her car, and refused to press charges, as the cops tried hard to get her to do. They made me sit in jail for four hours and bail was almost $300.

I was never read my rights.

I was told I was intoxicated and they refused to do any tests to prove it. I was by no definition of the word intoxicated. If I had not admitted to having a few beers with dinner some 8+ hours prior, he would have not known I had drank at all in the past 24 hours. I was cooperative, calm, and respectful, and in return, I was arrested for something I was not guilty of.

I missed a day of work because of this crap and am out $300 and have an arrest on my record now. Do I have a good case for wrongful arrest?

[stephenk]

No. But you have a great reason to kick your girlfriend out and find a woman who is not "paranoid schitsofrenic".