QUESTION
Is it considered false arrest if you are arrested for DWI after only being given Horizontal Gaze (no other FST's)?
Asked on Sep 15th, 2013 on DUI/DWI - California
More details to this question:
If you are arrested for DWI after only being given Horizontal Gaze (no other FST's), read your rights, handcuffed, searched, given breathalyzer, which you passed, and released with ONLY a Careless Driving ticket, is that false arrest? Alleged probable cause "seen stumbling in a concert venue parking lot". Alleged careless driving occurred in backing out of space and driving approx 10 parking spaces. Arrest occurred after police officer called parent and asked if a cop, then said, "you lied, I don’t (expletive) care, she's just a dispatcher". Was completely treated as a DWI, John's Law impound and refusal to release unless signed for as well. Subject is 27 years old.
3 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Not necessarily. You would have to win the criminal case and then file a civil lawsuit for false arrest.
Answered on Nov 04th, 2013 at 11:03 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It is not false arrest. From what you said, the officer had probable cause to make the stop. He did so. The stop was proper.
Answered on Sep 19th, 2013 at 12:19 PM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. The premature arrest is definitely an issue, especially at the DMV.
Answered on Sep 18th, 2013 at 1:54 PM