Do I have a civil suit?

[Cogar]

What is the name of your state? I live in Florida but my problem began in the State of Washington. I'm an over the road truck driver and was involved in a one vehicle (minor) accident. I had a prescription drug in my truck I was not taking the medication. The truck was stuck in the mud so the police were involved. I was arrested for a DUI, the arresting officer lied on the police reports but thats not why Im here. This case was dismissed but has been reported on my criminal background check. Due to this I have not been hired by three perspective employers that I am aware of.
If this case got dismissed due to me not being guility of the crime then why is it coming up in background checks?
This whole situation has caused me much hardship.

 

[tijerin]

Have you seen the "background check" results to make sure there aren't any erroneous entries (ie. says convicted vs arrested)? I would start there, if possible, and try to correct any inaccuracies, if any, in fact, do exist.

Chances are, since you say the charges have been dismissed, that your background check merely reported the arrest for, not the conviction of, the DUI.

The arrest, in and of itself, would give the owner of a trucking company reason enough not to hire you. You'll be handling expensive trucks PLUS cargo. IN ADDITION, you had an accident IN A TRUCK. So you have no case against any of the potential "employers".

As for the agency that arrested you, the mere dismissal of charges does not open themselves up to civil liability. They are doing the job they are supposed to do. My guess as to the chain of events is as follows:

1. The officer responds to a traffic accident with a large truck stuck in the mud, probably for a simple report and maybe to assist with traffic control until the vehicle(s) are secured and free from any potential to obstruct traffic and/or create unsafe traffic conditions.
2. During the officers investigation, he finds a prescription bottle in your truck or on your person.
3. Chances are, the prescription bottle says that taking of said prescription while driving is dangerous
4. Officer didn't believe you that you weren't currently taking the medication and/or had not taken it prior to the accident.
5. Officer arrests you for DUI.

I dont know what you "claim" the officer "lied" about but if I had to guess, the lie you're claiming has to do with whether you had taken the medication and then proceeded to drive.

 

[Cogar]

Well I admit that I am ignorant of the law and thats why I'm here.
My background check states that I was arrested no conviction. I was not seeking damages from perpective employers that refused employment but since you mentioned it I'd like to say that employers are not refusing employment due to the truck getting stuck in the mud. It's the arrest that concerns them. The background check doesn't state that it was dismissed.
It just states that I was arrested for a DUI. As far as the accident goes it in my opinion was non preventable, the shoulder was soft due to a lot of rain the shoulder gave way and I was hauling 80,000 gross, rolls of paper. My tandem got caught in the rut and I couldn't put out of it due to 2 vehicles passing me in a no passing zone. The officer's didn't ask or care how the accident occured.
You stated, "The arrest, in and of itself, would give the owner of a trucking company reason enough not to hire you." That in my opinion is prejudical
since the courts in Washington dismissed the case without prejudice in the interest of justice.
I guess I'm stupid here on this matter but why is the arrest even coming up?..You're innocent until proven guilty, I feel I still have to "prove" my innocence in this matter. Seems to me that if a person is arrested and found not to be guilty of the crime then that should end the whole matter and not have this situation constantly causing them hardship. I'm ignorant of the law
If I was arrested for something I didn't do then why report the incident? Seems to me that isen't justice. As far as the arresting officer, the officer lied quite a bit, made the whole thing fit into this "DUI" made me look like a junkie in the police report,, Even to the point that I had "sores" where I "must have injected something". makes me sick to think that this goes on, someone who has sworn an oath has the power to miss use their power.
Also, I was shivering ..so I guess that was taken as I needed a fix. It was Feb, and the officer refused to give me my coat.
I'm venting here and didn't want to get into all this , Thanks for your response.

 

[tijerin]

Well I admit that I am ignorant of the law and thats why I'm here.
My background check states that I was arrested no conviction. .. The background check doesn't state that it was dismissed...It just states that I was arrested for a DUI. (internal citations omitted)

Arrest with "no conviction" and "dismissed" are not the same. An acquittal (where you are found not guilty) and a dismissal (where charges are dropped) are different. In the former, you have been exonerated and could not be charged again with that specific crime (double jeopardy). With the latter (charges dismissed), that simply means that the prosecutor may not have had enough evidence at the time to convict you, but does not necessarily bar them from re-filing the charges.

That in my opinion is prejudical
since the courts in Washington dismissed the case without prejudice in the interest of justice.

"Without prejudice" means they can re-file the charges and still prosecute if they so decide. An employer can be "prejudicial" in it's hiring practices as long as you aren't in a protected class (ie. they cannot discriminate because of race, age, et al)

I guess I'm stupid here on this matter but why is the arrest even coming up?

Uh..because you were arrested.

Seems to me that if a person is arrested and found not to be guilty of the crime...

You were not found to be "not guilty". The charges were simply dismissed. That's not a finding of innocence.

As far as the arresting officer, the officer lied quite a bit, made the whole thing fit into this "DUI" made me look like a junkie in the police report,, Even to the point that I had "sores" where I "must have injected something". makes me sick to think that this goes on, someone who has sworn an oath has the power to miss use their power.
Also, I was shivering ..so I guess that was taken as I needed a fix. It was Feb, and the officers refused to give me my coat.

Have you considered the possibility that, even though it may not have been the case, the officer merely records his/her observations made on the spot. Perception is in the eye of the beholder. The officer isn't necessarily lying just because they perceived you were under the influence. That perception, and subsequent explanation of that perception via the officer's report, is enough for the officer to make the arrest via probable cause.

Of course, your defense would be that the officer's perception was untrue and the state would have the burden of proof to get a conviction.

There's really nothing you can do if the arrest occurred and it comes up in subsequent background checks and an employer declines to hire you because of it, then you don't get hired. Most applications for employment nowadays ask if you've been ARRESTED for a crime. All you can do is be truthful with the potential employer and try and convince them that you were in the right and did nothing wrong and hope they hire you... oh...and hope that the prosecutor doesn't decide to re-file.

Oh, and one last thing, ALL traffic accidents are avoidable with some defensive driving practices, even the ones where you were not at fault.

 

[Cogar]

I wasen't guilty of the DUI and passed 2 drug tests.
I'm depressed now. This causes me embarressment personally.
To many perspective employer's they will opt for the other guy, or gal in my case since I'm a female driver.
Personal grief due to this whole situation I'm hurt and angry by this whole incident. I worked very hard to get my CDL
By the way your comment of...
Have you considered the possibility that, even though it may not have been the case, the officer merely records his/her observations made on the spot.
...how do you record sores that aren't there?
Also, you're right I don't have to prove that Im innocent of this DUI crime, They have to prove that I was guility and they didn't...Because I wasen't and this will not be tried again because they had no proof...
An innocent person accused of a crime has to live the rest of their lives having to explain why they were arrested for a crime they didn't commit. Seems like a constitutional issue.

 

[Cogar]

- Sorry, I didn't realize that responding to old posts would resurface the issue, I'm new to the site, so I was unaware of this.
Why are people on this site so rude?....I would appreciate it if people would comment on whether or not my case holds merit or if you all agree with tijerin?

 

[HomeGuru]

- Sorry, I didn't realize that responding to old posts would resurface the issue, I'm new to the site, so I was unaware of this.
Why are people on this site so rude?....I would appreciate it if people would comment on whether or not my case holds merit or if you all agree with tijerin?

**A: hire an attorney.