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dui arrest

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I was arrested for a dui. I became emotionally distraught and fell to the ground while handcuffed. The officer(there was two officers) then lifted me up by my arms, which were handcuffed behind me. I was screaming in pain, because they injured my shoulder. I then kicked the cop in the shin, and am now being charged with assaulting a police officer. I demanded that my shoulder be exrayed at the hospital,when I was taken there for blood tests. The radiologist report reveals that a seperation did take place in my shoulder. What chance do I have of getting the assault charge dropped?

mandy dui



Get an attorney and argue that the leg flailing was the result of the pain from a separated shoulder (be sure to take in the x-rays & MD report) and was not a conscious, directed action. If your kicking was reflex, you never intended to kick anyone & can't be held guilty for the assault. You might also have a self-defense claim, if your state allows it. Both defenses will be hard to win on. You should probably ask for a jury trial. You get 12 chances to convince someone you should be released because the cop hurt you. Also, if you sue the cop, the county might drop the charges as part of the settlement.

This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

[This message has been edited by Tracey (edited October 15, 2000).]

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