QUESTION
Can I sue if I was held for 3 days after refusing a breathalyzer and they were going to extradite me?
Asked on Dec 25th, 2013 on DUI/DWI - California
More details to this question:
I was held for 3 days after refusing a breathalyzer and they were going to extradite me on my fathers warrants. My friend informed them that those were not my warrants. I was released on my own recognizance. First DUI. They were hiding behind the bar and got me immediately upon leaving for dead tag light. I said I passed their field sobriety test but the officer claimed it wasn't about passing or failing, then I refused the breathalyzer as an illegal search. License suspended for 6 months, 18 months interlock device. Were they wrong to hold me that long? Did my lawyer fail to do her best to defend me because she knew she would not be getting anymore money than what she already had? Isn't this excessive for a First offense?
2 ANSWERS
Alimony Attorney serving Redlands, CA
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Who are you going to sue? You refused an alcohol test which you can't do which is the reason for your suspension, your opinion that you passed the field sobriety tests doesn't matter it's the subjective opinion of the cop, the warrants were sufficient to hold you and as soon as they were cleared up as belonging to someone else you were released.
Answered on Dec 27th, 2013 at 11:51 AM
Looks like you got lured into a plea just to get out. Bad mistake my friend.
Answered on Dec 27th, 2013 at 12:15 AM