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Falsely Accused of DUI

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newyorkyankees6

Junior Member
What is the name of your state (only U.S. law)? New Jersey

I got pulled over around 11:45 AM after leaving AppleBee's. The cop pulled my over and gave me a brethalizer and walking test and I passed them both. He gave me 4 tickets (DUI,Reckless,Tinted Windows,and Falure to mantinate Lane). He arrested me and held me for 3 hours. He didnt give me a phone call when i asked for one. After my parents picked me up we went to the hospital to get my own urine and blood tests. They tested all the drug and alcholol and it came back negative. The cops gave me a urine test and the results didnt come back yet. They said they followed me out of AppleBee's and gave me the 4 tickets if the DUI "didnt stick". I am innicent. CAN I SUE AND HOW MUCH DO YOU THINK I WILL GET?What is the name of your state (only U.S. law)?
 


CdwJava

Senior Member
What is the name of your state (only U.S. law)? New Jersey

I got pulled over around 11:45 AM after leaving AppleBee's. The cop pulled my over and gave me a brethalizer and walking test and I passed them both. He gave me 4 tickets (DUI,Reckless,Tinted Windows,and Falure to mantinate Lane). He arrested me and held me for 3 hours.
Apparently you did not "pass" the FSTs or you would not have been arrested and cited for DUI.

I am innicent. CAN I SUE AND HOW MUCH DO YOU THINK I WILL GET?What is the name of your state (only U.S. law)?
You did not hit the lawsuit lottery. An arrest requires only probable cause to believe that a crime was committed and the person arrested committed the crime. If the officer observed the objective symptoms of alcohol or drug impairment the arrest is good. The only way you might prevail in a lawsuit would be if the officer made the arrest knowing that he lacked the probable cause to do so.

So, consult a criminal defense attorney and proceed from there. Chances are there will be a plea deal to something - even if it is to the traffic offenses.
 

newyorkyankees6

Junior Member
Apparently you did not "pass" the FSTs or you would not have been arrested and cited for DUI.


You did not hit the lawsuit lottery. An arrest requires only probable cause to believe that a crime was committed and the person arrested committed the crime. If the officer observed the objective symptoms of alcohol or drug impairment the arrest is good. The only way you might prevail in a lawsuit would be if the officer made the arrest knowing that he lacked the probable cause to do so.

So, consult a criminal defense attorney and proceed from there. Chances are there will be a plea deal to something - even if it is to the traffic offenses.
yes i did "PASS"...they were jerks
 

CdwJava

Senior Member
yes i did "PASS"...they were jerks
Really ... so, tell me, what were the officers looking for in the FSTs? How many clues are contained in the particular tests? What are they?

So, if you passed the FSTs, you are claiming that the officers arrest6ed you knowing full well that you were NOT impaired and intentionally violated state laws and committed a civil rights violation for an arrest without probable cause? And you are going to prove this knowing and intentional violation of your civil rights ... how??
 

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