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  #1  
Old 06-17-2002, 05:43 PM
cf59673
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DUI arrest when BAC .01% and not driving


What is the name of your state? California

I was driving and pulled over to rest at a rest stop.
Sometime later, an officer approached me, claiming to be performing a welfare check, and asked many harrassing and pointed questions about how much I had to eat, drink, etc. Then he asked me to get out of the car and perform field sobriety tests.
He declared that I failed the tests and arrested me and threw me in jail. I opted for a blood alcohol test in lieu of a breath test.

I did have a few drinks much earlier in the evening, but had sobered up almost completely before driving.

My blood alcohol was 0.01% The DUI limit is 0.08%.
On my court date, I was told by the clerk that I could go home and no charges would be filed. They gave me no paperwork saying that I was acquitted or dismissed. I got my license back.

I consider this false arrest and false imprisonment.
Is there some way I can get the arrest record cleared ?
I have never been arrested and have a perfectly clean DMV and no criminal record.

Is there some way I can recover my monetary losses from my car being towed and stored, and the monies paid to retain an attorney ?
  #2  
Old 06-18-2002, 09:47 AM
jimmyv
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yes there is.. by retaiing your attorney he should be able to get the local police department to reimburse you for those costs. they usually will due to the fact that the arresting officer screwed up and violated many rights of yours. not just arresting you !!
  #3  
Old 06-26-2002, 11:05 PM
CombatTN88
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But still


Still, you ought to be grateful that you don't have DUI conviction.
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