PLEASE NOTE: We can only service cases inside the state of Texas!
DWI defense attorneys see many cases in which a drunk driving conviction is flawed. An officer may have lacked grounds to stop you in the first place. Or he may have followed incorrect protocols or a testing machine failed. But in some rare cases you might be subjected to a false DWI arrest.
Recently, Herald Tribune reported on a case in which a Florida Highway Patrol trooper fell under suspicion after a man arrested for DUI filed a lawsuit against him.
Court documents stated Trooper Melvin Arthur arrested a driver who had been involved in a crash for DUI even though the driver passed two breath tests and a urine test.
False DWI Arrests often lead to lawsuits
The report stated Arthur had been involved in a previous lawsuit in which a female driver fought charges of DUI and charges that she resisted arrest. Testing showed the woman was not intoxicated. In the litigation she claimed she was targeted because she was a woman.
In 2013, in Arizona, Jesse Thornton, a retired firefighter, was arrested for a DUI even though he had not consumed any alcohol, reported FindLaw.
He filed a $500,000 claim against the police department in question. Thornton said police lacked probable cause for the DUI stop. He said he had been stopped a dozen times by law enforcement officers and believes he was targeted because he is black.
If you are the victim of a false DWI arrest you have rights. Officers must have some evidence for a stop such as erratic driving, the smell of alcohol on a driver’s breath or speeding.
1 File a Civil Rights Lawsuit
If you are wrongly arrested for a DWI after you are cleared in a sobriety test, you may be able to file a civil rights lawsuit under Section 1983 for violation of your Fourth Amendment rights.
The Fourth Amendment protects people from unreasonable searches and seizures of property.
There have been instances of police officers taking part in conspiracies involving third parties to falsely target drivers for DWIs.
2 Get Your Arrest Record Removed
Even when a charge that’s obviously false is brought against you, it can be a challenge to remove it from your record.
Our Fort Worth criminal defense attorney will work with you on your expunction and help you restore your reputation.
Call the Medlin Law Firm today for a free consultation about your case.
Similar Posts by The Author:
Publicaciones Similares del Autor:
(682) 204-4066 We cannot receive pictures via text so please send those via email or hand deliver to our office.
