Can I sue for false arrest DWI

[tchandlerj4795]

I was arrested for DWI and reckless endangerment. I was not given, even though I demanded, any kind of field test, no blood work or breathalyzer to confirm I was drinking or on any type of drug. I was completely sober. I refused medical help because I was so angry. Long story short I fell asleep driving, I had just got home earlier that day from a 10 hour drive from work in Florida with hardly any sleep. The police found me asleep in my car at a dead stop, they said I ran through a 4-way stop sign but I did no damage to anything. Could I sue for false arrest? I start school soon to be an electrical lineman & a DWI on my record would ruin my future. If I can sue, what would be the chances of me winning or atleast getting repaid for sitting 8 days in jail causing me to miss a $1,000 paycheck & my car being impounded with the impound fees. As well as the DUI on my record, this isn't fair! I was driving without having this years inspection so there was no insurance on my vehicle & this happened in NC by the way.

 

[quincy]

I was arrested for DWI and reckless endangerment. I was not given, even though I demanded, any kind of field test, no blood work or breathalyzer to confirm I was drinking or on any type of drug. I was completely sober. I refused medical help because I was so angry. Long story short I fell asleep driving, I had just got home earlier that day from a 10 hour drive from work in Florida with hardly any sleep. The police found me asleep in my car at a dead stop, they said I ran through a 4-way stop sign but I did no damage to anything. Could I sue for false arrest? I start school soon to be an electrical lineman & a DWI on my record would ruin my future. If I can sue, what would be the chances of me winning or atleast getting repaid for sitting 8 days in jail causing me to miss a $1,000 paycheck & my car being impounded with the impound fees. As well as the DUI on my record, this isn't fair! I was driving without having this years inspection so there was no insurance on my vehicle & this happened in NC by the way.

Why do you believe this was a false arrest?

You will need an attorney to defend against the charges. Because you say there is no evidence of intoxication in the way of blood or breath or field tests, it is possible your attorney can get the DWI charge dismissed. The reckless endangerment might be harder to defend against, however. "Tired driving" can be as dangerous as drunk driving.

I do not see that you have a suit to pursue against the police for false arrest. You reportedly ran a stop sign and you admit you fell asleep.

 

[xylene]

You weren't falsely arrested. You need a lawyer. You may have really hurt your case by refusing medical attention.

Also: Your reckless endangerment charge is very supportable for being asleep at the wheel, given the police observation of your failure to stop and being dead asleep with only your foot on the break.

Working hard and being tired is not going to be a defense.

 

[tchandlerj4795]

I got a court appointed lawyer...the law really has your heads messed up. It's not fair or justice to arrest somebody on a DUI charge without an ACTUAL conformation that the person is under the influence. Running a stop sign while asleep or refusing medical help, when the officer could have just done simple tests himself there on scene for actual proof, does not automatically mean that person is under the influence of anything. Where is the actual proof at. Do you understand how ridiculous that sounds? Running a stop sign does not automatically mean that person is driving under the influence that's the craziest crooked bullcrap 've ever heard!

 

[tchandlerj4795]

I got a court appointed lawyer...the law really has your heads messed up. It's not fair or justice to arrest somebody on a DUI charge without an ACTUAL conformation that the person is under the influence. Running a stop sign while asleep or refusing medical help, when the officer could have just done simple tests himself there on scene for actual proof, does not automatically mean that person is under the influence of anything. Where is the actual proof at. Do you understand how ridiculous that sounds? Running a stop sign does not automatically mean that person is driving under the influence that's the craziest crooked bullcrap I've ever heard!

 

[tchandlerj4795]

That's FALSE ARREST DUI. Doesn't really need an explanation, it's simple as that!

 

[Taxing Matters]

I got a court appointed lawyer...the law really has your heads messed up. It's not fair or justice to arrest somebody on a DUI charge without an ACTUAL conformation that the person is under the influence. Running a stop sign while asleep or refusing medical help, when the officer could have just done simple tests himself there on scene for actual proof, does not automatically mean that person is under the influence of anything. Where is the actual proof at. Do you understand how ridiculous that sounds? Running a stop sign does not automatically mean that person is driving under the influence that's the craziest crooked bullcrap 've ever heard!

The problem is that the arrest is good so long as the officers had probable cause for either charge. So even if there wasn’t probable cause for the DUI, there almost certainly was for reckless driving or endangerment. You were asleep while driving, which is very dangerous indeed. Probable cause is not a very high standard. The cop doesn’t need absolute proof of the DUI there at the side of the road. Proof beyond reasonable doubt applies at trial, not to the arrest.

 

[tchandlerj4795]

Ok I understand the reckless endangerment charge. But either way that still doesn't make sense, if there isn't probable cause for a DUI charge then where is the DUI charge even coming from? You can't just tie that charge in with reckless endangerment on a sober driver. I thought you had to actually be under the influence to get a DUI charge (hence driving under influence), how long has police been doing this crooked mess that's insane. This has got to be somehow violating my rights.

 

[xylene]

You are confusing standards for an arrest vs those for a conviction...

You were in an altered state (unconscious) when found by the police. That's pretty solid PC for that charge. You could have been on a drug they don't have tests for. There are actually a lot of them.

You need to get over the idea you have been given such a raw deal.

 

[not2cleverRed]

Ok I understand the reckless endangerment charge. But either way that still doesn't make sense, if there isn't probable cause for a DUI charge then where is the DUI charge even coming from? You can't just tie that charge in with reckless endangerment on a sober driver. I thought you had to actually be under the influence to get a DUI charge (hence driving under influence), how long has police been doing this crooked mess that's insane. This has got to be somehow violating my rights.

The police suspected you were under the influence of something. You were not acting like an aware driver. You were not fit to drive. The proof that you were not fit to drive is your admission that you were asleep at the wheel.

While you were not drunk, you were not acting like someone fit to drive. That is probable cause. The police were not acting out of malice, or trying to stick you with a false charge due to profiling.

You have no case.

Be glad you were in NC and not NJ.

 

[Taxing Matters]

Ok I understand the reckless endangerment charge. But either way that still doesn't make sense, if there isn't probable cause for a DUI charge then where is the DUI charge even coming from?

All the police and prosecutor need to file the DUI charge is probable cause. That means that the officer had to have some basis to think that you were intoxicated by alcohol or drugs and had been driving the car. Well, it's obvious you had been driving the car, so the issue is whether the officer had reason to believe that you were intoxicated. In some circumstances being very tired and falling asleep at the wheel can also appear as signs of intoxication, too. The exact details of what the officer observed would matter. If you and your lawyer do not think that the state has provided probable cause to support the DUI arrest your lawyer can file a motion with the court to either seek dismissal of the DUI charge or to get a probable cause hearing depending on the rules of criminal procedure that apply in your state. Even if you succeed in getting the DUI charge dismissed, you’d not have a good civil lawsuit against the police for false arrest so long as the cops at least had probable cause for reckless driving/endangerment, and from what you have said the state likely at least has probable cause for that. They just need probable cause for one of the charges for the arrest to be good.

 

[Zigner]

I'd just like to throw it out there that the OP seems to have refused the post-arrest chemical test, which is against the law in NC.

 

[not2cleverRed]

I'd just like to throw it out there that the OP seems to have refused the post-arrest chemical test, which is against the law in NC.

Hey, considering he was also driving without insurance (or a current inspection sticker), and still feels put upon by the unfairness of it all...

He should stop talking about suing, because if he keeps up with this attitude, he'll get the book thrown at him.

 

[quincy]

tchanderj, you have a lawyer. Cooperate with your lawyer and listen to his advice. He will work with the prosecutor to get you the best deal possible based on the facts.

You want in court to be both professional in appearance and in attitude. The judge will be judging you on more than the charges you currently face. The way you look and act can make a difference.

Here are links to the laws:

DWI:?https://www.ncdps.gov/Our-Organization/Law-Enforcement/State-Highway-Patrol/FAQ/Driving-While-Impaired

Reckless Driving: http://www.drivinglaws.org/resources/north-carolina-reckless-driving-laws.html

There does not appear to be anything close to a false arrest in what you are describing. I think your attention is better directed elsewhere.

 

[HighwayMan]

...the law really has your heads messed up.

No, it seems like getting your ideas about the law from television and movies has YOUR head messed up.

...without an ACTUAL conformation that the person is under the influence.

Confirmation? The only thing that is necessary is the officer's observations.