Falsely arrested for DUI

[Proserpina]

Cops work for their employers their training is to make an arrest whenever possible, they can legally trick you, lie to you, do what ever they can to make their arrest(because they know once they have you it will be extremely difficult for you to get out of their system without some type of charge) Like your charge of impound fees! They will never admit it but all of these people are connected from the lowest area of who has the contract from the city to tow your vechicle all the way up to the judges!! Ever read the reports about the judges who ordered scram bracelets for everything even non- alcohol related offences? The reason for this is to make money the more money they make the more people they hire the more people they hire the more money they make! Get it ! Its a lose ,lose situation for everyone except the corrupt people who are all involved in this exploitation of the general unsuspecting public! Time and time again I hear I'm an honest citizen who did everything in my power to be a good person if you believe the old I'm here to protect and serve you truely are an innocent, their there to generate money! Kiss your $140 goodbye and move on trying to get justice in this country Just doesnt work the statue of the blindfolded women standing in front of our court houses has been raped,beaten and killed. My point they all lie and they
dont care about YOU,they care only for themselves and the next election or payperiod.

Gee, thanks for your helpful post, Jennifer.

(You realize that you're on a LEGAL board, right? Not a random blogging site?)

 

[jenniferg1975]

I take from your reply that you dont agree?

Gee I wonder why are you perhaps one of the benefactors of the corrupt system that we all lovenly call justice??

 

[Proserpina]

I take from your reply that you dont agree?

Gee I wonder why are you perhaps one of the benefactors of the corrupt system that we all lovenly call justice??

I'm merely pointing out that this isn't a random blogging site. In other words - we try to stick with what is legally relevant. Y'know?

Well, that and your previous post contained nothing either factual or relevant to this thread.

 

[jenniferg1975]

you know Ive done a lot of web searching on this matter and I am not involved in the legal system I am not a lawyer and I absolutely do not play one on tv, my point is i combed through posting before I submitted hoping there would be somthing out there that might apply to my case so I wouldnt have to post. One thing i noticed is that this site has a lot of desparate people really stressed out over their problems and most of the replies were mean, you say this is a legal site and not a blog? How could I possibably know that based on what I read! I am not rich, I can not hire an attorney to answer my ?s I have three teenage girls who want and deserve everything in this world, their mom made a mistake a very big mistake which I've taken responability for, Ive done everything i could to make amens. My children didnt have a x-mas my daughter didnt have a birthday I cant take them to the movies or pick them up from a friends house and you people make fun of my run on sentences?? you say this is a legal site/ I assume you mean professonal?

 

[CdwJava]

Cops work for their employers their training is to make an arrest whenever possible,

I must have missed that day in the academy. Sorry, but no such thins is in the curriculum at least in California.

Like your charge of impound fees!

Those are assessed by the tow company. The agency can charge a release fee, but the impound fees are charged by the tow company.

They will never admit it but all of these people are connected from the lowest area of who has the contract from the city to tow your vechicle all the way up to the judges!!

Where do YOU live? Maybe that's the way it is in Backwater, but not out here. We don't get a bonus, a toaster, a pat on the back, or a wall calendar if we get more tows than the next guy.

Ever read the reports about the judges who ordered scram bracelets for everything even non- alcohol related offences?

No.

My point they all lie and they dont care about YOU,they care only for themselves and the next election or payperiod.

Wow ... let us know where you live so that the rest of us don't accidentally move there!

 

[cyjeff]

Cops work for their employers their training is to make an arrest whenever possible, they can legally trick you, lie to you, do what ever they can to make their arrest(because they know once they have you it will be extremely difficult for you to get out of their system without some type of charge) Like your charge of impound fees! They will never admit it but all of these people are connected from the lowest area of who has the contract from the city to tow your vechicle all the way up to the judges!! Ever read the reports about the judges who ordered scram bracelets for everything even non- alcohol related offences? The reason for this is to make money the more money they make the more people they hire the more people they hire the more money they make! Get it ! Its a lose ,lose situation for everyone except the corrupt people who are all involved in this exploitation of the general unsuspecting public! Time and time again I hear I'm an honest citizen who did everything in my power to be a good person if you believe the old I'm here to protect and serve you truely are an innocent, their there to generate money! Kiss your $140 goodbye and move on trying to get justice in this country Just doesnt work the statue of the blindfolded women standing in front of our court houses has been raped,beaten and killed. My point they all lie and they
dont care about YOU,they care only for themselves and the next election or payperiod.

Please post the evidence you have that makes any of this true.

Thanks.

One more thing. We pay taxes to support the police because the money made in the average stop and prosecution doesn't come CLOSE to paying for the services rendered.

If this is a money making business, they are doing a really poor job. Luckily, they are not a money making business.

 

[Proserpina]

you know Ive done a lot of web searching on this matter and I am not involved in the legal system I am not a lawyer and I absolutely do not play one on tv, my point is i combed through posting before I submitted hoping there would be somthing out there that might apply to my case so I wouldnt have to post. One thing i noticed is that this site has a lot of desparate people really stressed out over their problems and most of the replies were mean, you say this is a legal site and not a blog? How could I possibably know that based on what I read! I am not rich, I can not hire an attorney to answer my ?s I have three teenage girls who want and deserve everything in this world, their mom made a mistake a very big mistake which I've taken responability for, Ive done everything i could to make amens. My children didnt have a x-mas my daughter didnt have a birthday I cant take them to the movies or pick them up from a friends house and you people make fun of my run on sentences?? you say this is a legal site/ I assume you mean professonal?

You need help.

 

[Master Moron]

I'm merely pointing out that this isn't a random blogging site. In other words - we try to stick with what is legally relevant. Y'know?

Well, that and your previous post contained nothing either factual or relevant to this thread.

Actually, I kind of appreciated Jenniferg's little rant. While I don't agree with everything she said, I would agree that there are a lot of laws out there that are just to make money. Most state's are really hurting due to the financial crisis so they want to get as much money coming in as possible. I wouldn't say it's a big conspiracy or anything, but I wouldn't deny that the state is out to get money. When you factor in all of the corruption in my state, you have a system that isn't very kind to citizens who are accused of crimes.

Anyway, so if I ever do file this complaint I figure I have three main issues:

1.He opened my car door and took out my keys without my permission-Now this seems to be a clear violation of my rights, but the actual police report omits this part entirely. The police report doesn't even mention me getting out of the car. If I do put this in the complaint I'm sure the other cops will claim that I was fleeing or something. I remember one of the cops who stopped in front of me called me an idiot so there's no way that they would back up my story over whatever the other cop would say.

2.He reached into my pocket to get my id out of my wallet-This is clearly an illegal search, but this is also no where to be found in the police report. Considering how many people cops pull over in a month, I'm doubtful that any of them would even remember this.

3.He arrested me when I was completely sober-Now, it seems fairly obvious that he didn't have probable cause to arrest me for dui, but the thing is, technically, he didn't arrest me for dui. On the actual arrest report, the only charges that show up is the going the wrong way down a one way street and the disobeying a police officer. The driving under the influence only shows up on the incident report. Technically, it was only a traffic arrest and not a dui arrest. Now, I would think that it would still be invalid considering the fact that the one way sign was behind a tree and the disobeying a police officer is complete bull, but I remember when I got the case dismissed the state's attorney seemed to think that it was clear that it was a one way street. It sounded like she had previously prosecuted people for going down this street. It must be fairly common for people to mistakenly go down this street as she seemed to have all the features of the street memorized. Anyway, if the traffic charge was valid, then I'm not sure I would be able to make a claim that they falsely arrested me if they technically only arrested me for the traffic charges.

 

[CdwJava]

1.He opened my car door and took out my keys without my permission-Now this seems to be a clear violation of my rights,

Not likely as he was not intending to permanently deprive you of your keys, likely he will claim he did this to prevent you from fleeing or for his own or someone else's safety. Since he was already legally permitted to detain you up to and including in handcuffs in the back of hi car, he can probably take the keys out of your ignition provided he articulated some good reason to do so.

2.He reached into my pocket to get my id out of my wallet-This is clearly an illegal search,

It might be. But, why will HE say he did this? Were you claiming you had no ID on you? Were you already subject to arrest for some reason?

3.He arrested me when I was completely sober-Now, it seems fairly obvious that he didn't have probable cause to arrest me for dui, but the thing is, technically, he didn't arrest me for dui.

Then you do not have to defend yourself against the DUI, only the other offenses for which you are charged.

Improper signage is a defense, but it is not likely to compel a court to rule that the arrest was unlawful in any way. Provided they had probable cause to make the arrest (and a court agrees), then the arrest is good.

 

[Master Moron]

Not likely as he was not intending to permanently deprive you of your keys, likely he will claim he did this to prevent you from fleeing or for his own or someone else's safety. Since he was already legally permitted to detain you up to and including in handcuffs in the back of hi car, he can probably take the keys out of your ignition provided he articulated some good reason to do so.

I was thinking more of the opening the car door than the taking the keys out. I mean, cops can't normally just run up to a car and open the door. That would make the 4th Amendment meaningless if a cop could just open up someone's doors without any reason to do so. Honestly, I'm pretty sure that the cop knew he was in the wrong here, as he didn't mention any of this in the police report. I'd say that if I did file a complaint there's about a 50/50 chance that he'd deny that it ever happened.

It might be. But, why will HE say he did this? Were you claiming you had no ID on you? Were you already subject to arrest for some reason?

I really don't know why he reached into my pocket rather than letting me do it. I imagine he would deny that he ever reached into my pocket. Though, I suppose it's also possible that he could say he thought I was armed, but just from reading the police report it seems very clear that I wasn't a threat, so if I were to file a complaint I doubt he would go that route.

Then you do not have to defend yourself against the DUI, only the other offenses for which you are charged.

Improper signage is a defense, but it is not likely to compel a court to rule that the arrest was unlawful in any way. Provided they had probable cause to make the arrest (and a court agrees), then the arrest is good.

I think you're confused. The driving the wrong way down a one way street and the disobeying a police officer was already dismissed 6 months ago. My record is now clean. I'm just trying to figure out whether I should file a complaint with the department or not.

Obviously, the best route would be to sue in civil court for damages, but the civil rights attorneys I have spoken to have told me that even though it seems clear that my rights were violated, I can't really show damages since I didn't miss any work. This incident still bothers me, though. I don't want this cop to just get away with this and then go on to do the same thing to another person. I mean, what happens if the next person who is arrested doesn't blow? Then that means an innocent person will have to face a dui charge based on a cop's false assertion that he showed signs of intoxication. But, I just don't know if filing a complaint is going to be of any use. Some people have told me that it's rather pointless, as it will just be cops investigating cops and nothing typically happens to a cop if you file a complaint against them.

 

[CdwJava]

I was thinking more of the opening the car door than the taking the keys out. I mean, cops can't normally just run up to a car and open the door. That would make the 4th Amendment meaningless if a cop could just open up someone's doors without any reason to do so. Honestly, I'm pretty sure that the cop knew he was in the wrong here, as he didn't mention any of this in the police report. I'd say that if I did file a complaint there's about a 50/50 chance that he'd deny that it ever happened.

You have already been seized under the 4th pursuant to the detention. His opening the door and taking the keys to prevent any potential flight is stupid on a couple of accounts, but not likely to be considered a 4th Amendment violation. And, a lot would depend on why he says he did it. Besides, this would be a separate matter than any criminal case against you so it is really a moot point unless you intend to make a complaint with the agency about his conduct or can actually find an attorney that will accept your money to try and sue for this.

I really don't know why he reached into my pocket rather than letting me do it. I imagine he would deny that he ever reached into my pocket. Though, I suppose it's also possible that he could say he thought I was armed, but just from reading the police report it seems very clear that I wasn't a threat, so if I were to file a complaint I doubt he would go that route.

Who knows? Again, it does not appear to be directly relevant to your charges. You can make a complaint or talk to an attorney if you want to sue and can articulate some damages.

I think you're confused. The driving the wrong way down a one way street and the disobeying a police officer was already dismissed 6 months ago.

Okay. Then the issue is done.

My record is now clean. I'm just trying to figure out whether I should file a complaint with the department or not.

Up to you. You really have nothing to lose by doing so. If the guy is a rogue, hopefully the department will set him straight. If he did everything properly, so be it.

Obviously, the best route would be to sue in civil court for damages, but the civil rights attorneys I have spoken to have told me that even though it seems clear that my rights were violated, I can't really show damages since I didn't miss any work.

Without damages, even a civil rights case is not going to go anyway ... and this is hardly a clear cut case. Justification can be made for any and all o his actions.

This incident still bothers me, though. I don't want this cop to just get away with this and then go on to do the same thing to another person.

Then make a complaint.

I mean, what happens if the next person who is arrested doesn't blow? Then that means an innocent person will have to face a dui charge based on a cop's false assertion that he showed signs of intoxication.

Of course, a blow would not show any record of impairment on drugs since drugs are not alcohol.

But, I just don't know if filing a complaint is going to be of any use. Some people have told me that it's rather pointless, as it will just be cops investigating cops and nothing typically happens to a cop if you file a complaint against them.

That may depend on the department. Out here cops get disciplined - even fired - with some frequency for sustained and serious complaints.

 

[Master Moron]

You have already been seized under the 4th pursuant to the detention. His opening the door and taking the keys to prevent any potential flight is stupid on a couple of accounts, but not likely to be considered a 4th Amendment violation. And, a lot would depend on why he says he did it. Besides, this would be a separate matter than any criminal case against you so it is really a moot point unless you intend to make a complaint with the agency about his conduct or can actually find an attorney that will accept your money to try and sue for this.

Well, let's say for instance that by opening the door the officer saw an illegal substance? Obviously, any evidence that could be seen from outside the car would be admissible under the plain view doctrine, but if there was an illegal substance that was only visible upon opening the door, I can't possibly see how it could be admitted into evidence unless there was probable cause to search the car.

Up to you. You really have nothing to lose by doing so. If the guy is a rogue, hopefully the department will set him straight. If he did everything properly, so be it.


Without damages, even a civil rights case is not going to go anyway ... and this is hardly a clear cut case. Justification can be made for any and all o his actions.


Then make a complaint.


Of course, a blow would not show any record of impairment on drugs since drugs are not alcohol.


That may depend on the department. Out here cops get disciplined - even fired - with some frequency for sustained and serious complaints.

What state are you in? Would my complaint be considered serious? One of my concerns is that because the traffic tickets were nollied the state's attorney had 18 months to refile the case if she so chooses. If I were to file a complaint I would probably want to wait another 12 months to make sure that there is no possibility that the traffic charges are refiled.

 

[CdwJava]

Well, let's say for instance that by opening the door the officer saw an illegal substance? Obviously, any evidence that could be seen from outside the car would be admissible under the plain view doctrine, but if there was an illegal substance that was only visible upon opening the door, I can't possibly see how it could be admitted into evidence unless there was probable cause to search the car.

If the officer had a lawful right to be where he was, doing what he was doing, then the plain view exception would be in.

As there is no court case to pursue, and no evidence to challenge, you will never get an answer as to whether your state and local court would see this as an acceptable act under the circumstances (whatever those circumstances were).

What state are you in? Would my complaint be considered serious?

I am in CA. As for whether or not they would be "serious" that is a subjective query. They should be taken seriously, but I doubt the agency is going to be cringing and wringing their collective hands over the issue. My greatest concern on the face of it is that there some serious safety implications with reaching across the front of a driver and exposing your gun while extending yourself in a vulnerable position in order to remove the keys from the ignition. So, some training might be in order.

And, in my state, we cannot generally make a custodial arrest for traffic matters so being slapped in cuffs for a wrong turn or traveling the wrong way in violation of a sign is not likely unless we also have DUI or reckless driving.

If I were to file a complaint I would probably want to wait another 12 months to make sure that there is no possibility that the traffic charges are refiled.

Chances are there is a statutory period to file complaints, or a statutory time frame for the agency to take action. So, if you take too long any complaint might be nothing more than information for the agency.

 

[Master Moron]

I am in CA. As for whether or not they would be "serious" that is a subjective query. They should be taken seriously, but I doubt the agency is going to be cringing and wringing their collective hands over the issue. My greatest concern on the face of it is that there some serious safety implications with reaching across the front of a driver and exposing your gun while extending yourself in a vulnerable position in order to remove the keys from the ignition. So, some training might be in order.

And, in my state, we cannot generally make a custodial arrest for traffic matters so being slapped in cuffs for a wrong turn or traveling the wrong way in violation of a sign is not likely unless we also have DUI or reckless driving.

Interesting, so if there was a situation like mine in California where a suspect was arrested but then they blew a 0.000, what would happen? Would they write it up as a dui arrest? I actually at first thought I was arrested for dui but then I took it to the circuit clerk to expunge and they told me there was nothing to expunge because I wasn't arrested for dui. She kind of gave me a strange look when she said "What do you mean you were arrested for dui but you weren't charged?"

I'm also a little curious what would happen if an officer arrested someone for dui when there were no traffic violations. I mean, if an officer could come up with some other reason to approach a vehicle other than a traffic violation and then arrested them for dui and they blew a 0.000, I wonder what they would put on the arrest report? I assume they would have to put something.

 

[CdwJava]

Interesting, so if there was a situation like mine in California where a suspect was arrested but then they blew a 0.000, what would happen? Would they write it up as a dui arrest?

That depends. Assuming the officer had established the objective signs of impairment, I imagine the officer would take the suspect for a blood draw or a urine test to establish if impairment was the result of drugs. Or, if the officer felt that the initial evaluation may have been in error and could not support the initial opinion of impairment, you would be released pursuant to our PC 849(b) stating that the "arrest" was a detention only and not consider an arrest.

I actually at first thought I was arrested for dui but then I took it to the circuit clerk to expunge and they told me there was nothing to expunge because I wasn't arrested for dui. She kind of gave me a strange look when she said "What do you mean you were arrested for dui but you weren't charged?"

I thought you were arrested for traffic offenses and for resisting, obstructing or delaying or some such thing?

I'm also a little curious what would happen if an officer arrested someone for dui when there were no traffic violations. I mean, if an officer could come up with some other reason to approach a vehicle other than a traffic violation and then arrested them for dui and they blew a 0.000,

Sure. Watch a car pull into the 7-11, watch as the driver falls out of the car, make contact and smell alcohol, arrest for DUI .... even without a single Vehicle Code violation. There are circumstances where this could happen.

I had a DUI driver once pull over and flag me down because he was arguing with his wife. Strange things happen.

I wonder what they would put on the arrest report? I assume they would have to put something.

Hopefully, they would put the truth if what happened as they saw it.