I was in a hurry on the way to college due to taking care of responsibilities for the household and was going to be 30 mins late to class. I went 15 miles over a 30 mile speed limit and got pulled over by an officer and had multiple field tests including a breathalyzer after being under suspicion of DWI/DUI and got arrested and been detained from morning to the next morning. Can I file charges?
You may want to take care of the criminal charges first. Locate an experienced criminal defense lawyer in your area, who specializes their practice in DUI DEFENSE, make an appointment, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation. Each case is different. Get advice on your specific case and scenario. Most on AVVO offer free consultations. Best of luck to you.
Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.
From the facts that you allege, I see not complaint you could make, either under the civil or criminal code. All the officer needs is reasonable suspicion to make the stop and probable cause for the arrest. These are very low standards of evidence so long as the officer bases his action on articulable facts, and most judges interpret than very liberally. So my answer is probably not based on the description you have provided in your question.
An attorney would have to review the arrest report and other facts to advise you.
All communications are for educational purposes only and do not constitute legal advice. No attorney-client relationship shall be formed, or exist, as a result of communication on or through this web site. Please seek and obtain formal legal advice if your situation so requires.
Certainly don't plead guilty to the DWI charge it sounds bogus. As far as a civil suit agains the police unless you can show it was done with malice to you , you probably have no case. As stated by another attorney the standard to have you arrested is very low.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline