Recently I was fighting a dui but my lawyer put in motion 1538 and they came with wet reckless. So I accepted because the p.d. sold it to me good. I asked the public defender to send me all my papers. The cop lied over and over in his report. He pulled me over at 7:05 and started the field sobriety test at 7:05. I was pulled over on November 14 and my registration expired on November 12. I got the time the officer Initiated the stop is at 7:14. Can I sue for the officer violating my civil rights?
The stop was for expired tags. plus the LAPD used the alco-sensor V. The officer pulled me over 2 seconds after I passed him/ Plus my tags were payed for but registration was incomplete not expired.
Lawsuit / Dispute Attorney
You should address these concerns with your attorney. In general, if you accept a plea bargain it makes it exceedingly more difficult to establish that your due process rights have been violated.
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How were your civil rights violated? You never mentioned anything about the reason for the stop. Was that valid? Times aren't as big of a deal as you make it seem, because its something that the officer can "easily" correct by testifying.
This is all stuff you should have gone over with your lawyer. If you didn't understand everything, you should not have accepted a deal. Everyone knows that you take your chances with a public defender - some will give you the attention you want/need, some wont. If you wanted thorough investigation and thorough discussions with your attorney, and you don't feel like you got that, maybe you should have tried to hire a private attorney.
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Criminal Defense Attorney
I'm not sure in what fashion you feel your civil rights were violated. If your registration was expired prior to the stop ( as you state) that's generally a good reason for a traffic stop. It is not uncommon for there to be small differences in times mentioned in police reports. The officer stating a time wrong is not a civil rights violation. A good DWI attorney can evaluate your entire case.
Austin DWI Lawyer
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Criminal Defense Attorney
Since you pled to a wet reckless, any civil rights action is pretty much dead in the water. As for the examples you cite for violations of your rights, they come nowhere close to a violation. In fact, I'm not sure what you're even complaining about. Small discrepancies in time that are disputed by the parties basically neither prove anything, or even rise to a level where they would be considered worth using as possible impeachment. Surely there must be much more than what you mentioned to make you think your rights were violated.
DUI / DWI Attorney
The inconsistent statements about time by the officer are material for cross examination by your attorney but they do not seem like a violation of your civil rights under Section 1983. You should speak with your public defender, their supervisor or consult with a local defense attorney about this issue so they can review your case file and give you a detailed answer.
No, not on the basis of what you have summarized here. You don't have a civil right to be free of the conduct of the officer in this situation. Nor any civil right to be free of the action of the court, nor any civil right to drive an unregistered vehicle. So, who would you sue and on what basis? That the officer's statement of the time and your differ by eleven minutes? Not a sound basis for a civil rights case, and your guilty plea forecloses any meaningful civil action anyway.
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