dui mistrial defene was entrapment - can i sue?

[gameloader]

What is the name of your state (only U.S. law)? california

i recieved a dui on march 7th of 08

court came to a mistrial on nov 4th 08 (7 for not guilty 5 for guilty)

the defence was entrapment.

long story short

officer ordered me to drive even though he knew i had been drinking ( i told him)

i said i am not driving

said he was going to arrest me if i didnt leave

i said im not driving

another officer came up and said you have 2 seconds to get in your car and leave or i am going to taser you (with his taser in his hand)

i have all this on audio recording that we got from the police department. all is clear except for the taser part... you can hear it but its reallly really bad quality (the officer that said it wasnt the officer carrying the recorder)

like i said it was a deadlock jury (7 hours of diliberation)

can i sue the police station?

 

[Rexlan]

Sue them for what?

When did you get the DUI ... before or after they told you to drive?

Why were you stopped in the first place?

 

[tranquility]

See an attorney. If you can actually prove everything you said, you have a case with the damages being your costs in the suit. You may not win all the damages, but, there are many possible causes of actions depending on how things developed.

 

[catdsnny]

the question is not "can i sue"- anyone can sue for anything...the question should be "can i previal on the merits if i sue for X". So now, what is X? First, i must say that your rendition of the events seems very unlikely. Police officers do not generally "force" people to drive, for any reason, especially if they have right out said that they have been drinking. You are doing yourself a disservice by misprepresenting what happened (if that is the case) because people here cannot help you with incorrect facts.

If it is truly the case, that the police "forced" you to drive, then arrested you for DUI, even after you told them that you were intxoicated, then you probably have some kind of federal civil rights claim at a minimum, or if not, then there may be CA tort law that covers your situation; I'm in NY so i cant comment on that. Without further clarification of exactly what happened its hard to say.