Can I sue for false arrest DWI

[quincy]

tchandlerj's attorney should be able to educate him on what the police can and can't do.

If there WAS anything amiss with the arrest or charges, the attorney will work with that to tchandlerj's benefit. But tchandlerj really needs to control what he says and follow his attorney's direction. Any threats to sue for false arrest probably will not sit well with the prosecutor.

 

[CTU]

Walking into court with unclean hands is never a good idea.

 

[quincy]

Walking into court with unclean hands is never a good idea.

Are you speaking hygiene or doctrine?

I do not see the doctrine applying ... but being clean for court is smart.

 

[xylene]

In all fairness, OP's public defender lawyer is not going to spend a lot (any) time educating him or evaluating the possibility of a civil claim. Even if he did have a claim for wrongful arrest, this would barely be within the purview of the OP's public defender, except perhaps how that might impact his criminal defense.

 

[quincy]

In all fairness, OP's public defender lawyer is not going to spend a lot (any) time educating him or evaluating the possibility of a civil claim. Even if he did have a claim for wrongful arrest, this would barely be within the purview of the OP's public defender, except perhaps how that might impact his criminal defense.

I have some concern about the time jchandlert's public defender can spend but the attorney should have enough time to see that the police had good reason to arrest jchandlert on the charges they did, this even though the attorney should be able to get the DWI dismissed.

The reckless driving charge is the one that is the stickler.

 

[Eekamouse]

You had no business being behind the wheel in the condition you were in. You could have killed someone. You were just as dangerous to other drivers as someone drunk behind the wheel. Driving with no registration or insurance shows how irresponsible you are. Go ahead and sue. See where that gets you.

 

[PayrollHRGuy]

Let's not forget. The OP has yet to be found not guilty of or had either charge dismissed which would be a needed element for a false arrest suit.

 

[quincy]

Let's not forget. The OP has yet to be found not guilty of or had either charge dismissed which would be a needed element for a false arrest suit.

Good point.

 

[justalayman]

In the first post op stated he requested but was refused a bac test or even an fst. Something surely sounds wrong to be charged with dwi but not performing fst or bac test. In contrast with many other states that allow an impaired driving charge to include issues such as fatigued or otherwise, it appears NC requires there to be drugs or alcohol present;

§ 20-138.1. Impaired driving.
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or u

Btw: a refusal to take a bac test will get you a year suspended license.

The reckless driving seems like it would be tough to overcome.

§ 20-140. Reckless driving.
(a) Any person who drives any vehicle upon a highway or any public vehicular area carelessly and heedlessly in willful or wanton disregard of the rights or safety of others shall be guilty of reckless driving.

 

[quincy]

In the first post op stated he requested but was refused a bac test or even an fst. Something surely sounds wrong to be charged with dwi but not performing fst or bac test. In contrast with many other states that allow an impaired driving charge to include issues such as fatigued or otherwise, it appears NC requires there to be drugs or alcohol present;



Btw: a refusal to take a bac test will get you a year suspended license.

The reckless driving seems like it would be tough to overcome.

I agree that something sounds wrong about no testing by the police. Maybe the police DID test but tchandlerj slept through it.

 

[justalayman]

I agree that something sounds wrong about no testing by the police. Maybe the police DID test but tchandlerj slept through it.

Could be

 

[PayrollHRGuy]

In the first post op stated he requested but was refused a bac test or even an fst.

He also stated "I refused medical help because I was so angry." The hospital is likely where they would do a blood test.

 

[justalayman]

He also stated "I refused medical help because I was so angry." The hospital is likely where they would do a blood test.

Makes no difference. He has legal right to refuse medical treatment. If the cops wanted a blood draw they had to make an official request to the op.

 

[quincy]

Makes no difference. He has legal right to refuse medical treatment. If the cops wanted a blood draw they had to make an official request to the op.

Or get a court order.

 

[PayrollHRGuy]

My point was he refused to go to the hospital where they would do the blood draw he requested and at that point they said to hell with it and charged him.