PC 243 (B), VC 23152 (B) What should I do and what are my chances

Asked over 1 year ago - Oakland, CA

I drank 40 oz of beer at 6:30 AM. I slightly bumped the car in front of me at the intersection (no damage to my car at all). Cops got involved and registered me with 0.08 BAC and I was arrested on site. At the police station I got into a verbal altercation with an officer while I was handcuffed and sitting next to the wall. He came and punched me in the face twice which led to a laceration on the back of my head. I rolled on the floor and tried to kick him off as he was attacking me while yelling police brutality and asking for help; 3 cops rushed in and subdued me while one of them was recording. There were 3 large blood smears on the wall from my wound. I was taken to hospital; got some staples on the head, then sent to jail.

Attorney answers (5)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

    8

    Lawyers agree

    Answered . You've got several issues. First you were charged with a DUI that is borderline at a .08. Second you were charged with assaulting an officer and resisting arrest. The second set of charges could be charged as a felony if the DA determines that the facts warrant it. I respectfully don't agree that you were likely "out of control" and were somehow asking to be brutalized with punches to the head while you were restrained with handcuffs in a police station. Regardless expect the police report(s) to contain facts that differ drastically from what you've stated happened on this forum. I wouldn't be surprised to read that you were not handcuffed and that you made a furtive movement towards the officer's holstered weapon and the officer responded by attempting to restrain you. If this speculation is true, then you might have even more serious charges on your hands. Expect that all the officers' reports will be consistent in their view that you were aggressive, belligerent, out of control and a danger that could only be dealt with in the manner that you were. You need to hire an attorney as soon as possible to fight the DUI and the more serious offenses with the police officers. Good luck.

  2. Stephen Troy Allen

    Contributor Level 15

    7

    Lawyers agree

    Answered . ouch! sounds like they roughed you up pretty bad. You should immediately talk to a criminal attorney, and see also about getting a civil attorney. It is hard to know exactly what your chances are without hearing the officers version - certainly it will be different then yours. There may be video of the incident which would help as well as any belt recorder the officers had. Do not wait, get an attorney because of the DMV issues as well. You need to set a hearing within 10 days. DO NOT DELAY. Oh yea, and no more details here..

  3. Ryan Duane Childers

    Pro

    Contributor Level 5

    7

    Lawyers agree

    Answered . First you need to hire an experienced criminal defense attorney; there are many issues at work in your case which will require the expertise of a good lawyer to navigate. With a .08% BAC there are plenty of options for your defense. With respect to the other charges, hopefully one of the officers was recording as you say. The video will not lie and may be able to expose the unnecessary brutality you suffered. Rest assured that the police report will portray you in the most negative light possible, so, the DA is most likely going to handle your case aggressively. Prepare yourself for a fight but do not plead guilty, especially since you know the truth!

    The information provided is for general informational purposes and does not constitute legal advice. Nothing about... more
  4. Francis Rowland Pabst

    Contributor Level 9

    6

    Lawyers agree

    Answered . You may potentially have a section 1983 claim against the police for brutality. However, you MUST first deal with the criminal allegations being levied against you. It will be near impossible to win a civil case against the police if you plead or are otherwise found guilty in the criminal case. You should retain an experienced, local criminal defense attorney immediately to put pressure on the City/District Attorney's office as well as law enforcement prior to the case going to court. Most of us will consult with you for 30-60 minutes for free. You have options but MUST seek the assistance of criminal counsel. There is also a 6 month window for Notice in order to file a section 1983 claim. A civil rights attorney will likely also be necessary in your case.

  5. John M. Kaman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I disagree with Mr. Allen. It sounds like you were dunk, belligerent and out of control. When you are stupid enough to act like that in a police station don't expect to be treated gently. Yes now you are in a lot more trouble than you would have been if you'd just taken the breathalyzer and calmly but politely insisted on your rights. I do agree with Mr. Allen that right now you need an attorney for damage control.

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