I was coming home from work when the police pulled me over.He arrested me for dui. Can I sue for false arrest?

Posted by on . 14 comments.

After the police pulled me over the officer pulled open the door and demanded that I get out of the car. He never gave me a breathealyzer he said the I was drunk and arrested me for dui. I paid 3,000 dollars for a lawyer and it took 15 months to go to trial. In Feb.,2007 the judge dismissed my case. Is there anyway to sue the police dept. for false arrest?


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  1. Lauren says:
    June 29, 2009 at 1:54 pm

    If they didn't give you a on the site Breathalyzer they had to give you a blood test at the station to get your blood Alcohol level, if they didn't do that then I would say you have strong case. They are entitled to arrest you for reasonable doubt, but a Breathalyzer should of be given in less you refused and that's' when a blood test should of came in play, and if you didn't get any tickets like speeding or no seat belt you need to call a lawyer.

  2. Jeff says:
    June 29, 2009 at 1:54 pm

    It sounds to me like you can, you should have asked your lawyer.

  3. Mike C says:
    June 29, 2009 at 1:54 pm

    What was his probable cause for stopping you? That is the key. Were you drinking? If so count yourself lucky.

  4. gary b says:
    June 29, 2009 at 1:54 pm

    Just thank god the cop screwed up or you would have a big fine,long probation and a record

  5. bypass5x says:
    June 29, 2009 at 1:54 pm

    YOU BET YOU CAN.

    MOST OF OUR COPS ARE REALLY GREAT BUT THERE ARE ALWAYS A FEW JERKS…..THEY NEED TO SEND THEM AFTER THE DRUGGIES AND LET THEM TANGLE…

  6. JIMMY C says:
    June 29, 2009 at 1:54 pm

    there may be a way it may depend on what state your in though

  7. wk_coe says:
    June 29, 2009 at 1:54 pm

    OK… why did you pay for a lawyer when you get one for free? Also, since you have already been through the legal system, don't you think you should consult a lawyer for this matter?

    I hence that you probably were drunk, and just mad you got caught. Are you gonna sue me now for libel?

    And how does it take that long for a trial to come into effect? My brother got arrested for underage conspumption and vandalism, and within a week he was tried and given community service and paid a small fine.

    And your state isn't much different than Ohio.

  8. CGIV76 says:
    June 29, 2009 at 1:54 pm

    Yes. You can sue anyone for anything.

  9. waitingxx says:
    June 29, 2009 at 1:54 pm

    Yes you can sue, it dose not mean you will lose or win ,but go for it if you feel you have cause.

  10. mikeysco says:
    June 29, 2009 at 1:54 pm

    The only decent answer you have here so far is the one above me (CGIV76's).

    The real answer is that there is NO way anyone can possibly answer your question without knowing all the details surrounding this incident and you provided virtually none.

    A false arrest lawsuit, besides requiring time and money, requires you to show the officer had no probable cause for an arrest. I sincerely doubt that's the case, but again – you've left out an awful lot of details.

    Another way to answer your question is just because a prosecutor chooses not to file a case or a judge dismisses the case or the trier of fact finds someone not guilty does NOT mean there was a false arrest.

    EDIT: The other decent answer is the one posted while I was posting this one (also above me).

  11. dudley997997 says:
    June 29, 2009 at 1:54 pm

    You can sue for anything, like every other goof ball that thinks they've been wronged. What you didn't put, is if you were drunk or not. Huh. Makes a person wonder.

  12. AmericanPatriot says:
    June 29, 2009 at 1:54 pm

    Did you even THINK to ask a PROFESSIONAL…YOU'RE LAWYER…before coming here?
    This story stinks. Gotta go put my high rubber boots on.

  13. SGT. D says:
    June 29, 2009 at 1:54 pm

    I am having a hard time believeing you here. First off, with no alchosensor or crimper just what evidence did he base his arrest on? With no evidence, there is no case. Another thing, all cases get reviewed by a States Attorney before going to trial, with no evidence there is no States Attorney in the world thats going to take the case to a trial. Sorry pal, but me thinks I smell a TROLL.

  14. DennistheMenace says:
    June 29, 2009 at 1:54 pm

    seems your lawyers the one that screwed you..
    no evidence and 15 mos. that should have been thrown out, quick……..

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