Can a LAPD officer tell me that he is arresting me for being in the US army? I want to file a lawsuit against the LAPD

Asked about 2 years ago - Winnetka, CA

I was stopped by LAPD for a DUI which I understand I was wrong but the officers told me they were going to let me go with a warning. After they found out I was in the Army the sergent says to me " you are in the army?" I said "yes" he then said "alright now you are going to jail."

Attorney answers (5)

  1. John M. Kaman


    Contributor Level 20


    Lawyers agree

    Answered . You were arrested for a DUI, not for being in the Army. I have no idea about why they would let you go with a warning. If your BAC is .08 or above they have no choice but to arrest you.

  2. Leigh Gretchen Fleming

    Contributor Level 12


    Lawyers agree

    Answered . I agree with my colleagues; you were arrested for suspicion of DUI, not for being in the army. Whether the LAPD had enough probable casue to do that is something you might want to look into, especially since they were willing to let you go with only a warning? Consult with a local attorney prior to your first court date.

  3. Michael Korry Bialys

    Contributor Level 13


    Lawyers agree

    Answered . the fact of the matter is if you were DUI they had the lawful ight to arrest you. if this occurred it's unlikely you'll ever get them to admit it. but again being DUIgives them the right to arrest you

  4. Tai Christopher Bogan


    Contributor Level 18


    Lawyers agree

    Answered . If you wish to sue the LAPD you should hire an attorney first to beat the DUI case. You will also need an attorney to sue the LAPD. Sometimes the same attorney can do both and sometimes not.

    I am not passing judgment as to the credibility of you version of events, nor am I saying that the LAPD did not act outside the norm. You need an attorney to assist you.

    I read on a comment here that you were at the AMPM and their is audio/video. You should secure that ASAP as it erases soon after it is recorded. If you sit on your hands and wait, that audio/video will be missing.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  5. Curtis Lamar Harrington Jr

    Contributor Level 20


    Lawyers agree

    Answered . Now you can wonder about whether the result would have been different if you had said

    "SEMPER FI !!" (but always tell the truth).

    Police Officer force composition, based upon my observations, are more highly populated with ex-marines than ex-army, despite the fact that the army is much bigger in numbers.

    Are MARINES more likely to cut another MARINE a break?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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