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Drunk Driving False Arrest - Lack of Probable Cause

031980412-police-officer-arresting-young.jpegIf you believe you have been falsely arrested for driving under the influence of alcohol, you should contact a drunk driving criminal defense attorney immediately. Unfortunately, it is not uncommon for individuals to be taken into custody for the suspicion of allegedly operating a motor vehicle under the influence of alcohol, or a controlled substance. Though some individuals may be intoxicated, some police officers routinely falsely arrest people for driving drunk.

For example, Jesse Thornton, a Surprise, Arizona resident, was falsely arrested for a DUI even though a breathalyzer test confirmed that his blood-alcohol level was zero. Jesse, a local firefighter, was pulled over by a deputy who proclaimed that he was driving under the influence because his eyes were red.

Back at police headquarters, a Breathalyzer test confirmed Thornton's blood alcohol level was zero. He says a drug recognition expert even told him, "I would never have arrested you. You show no signs of impairment."

After having his car impounded, receiving a message that his license was suspended and spending time in police custody, Thornton was later released to his wife, who had to leave work to come get him, reports KNXV.

The officer obviously did not have sufficient probable cause to arrest Thornton.

Tanya Weyker, a Milwaukee resident, was falsely arrested for drunk driving after a police officer rolled through a stop sign and crashed into her vehicle. Tanya's injuries were so severe that she could not blow into a breathalyzer or perform field sobriety tests. So why was Tanya arrested for drunk driving?

As rescue workers tended to Tanya, police began questioning her regarding the accident. One police officer stated that she had a light odor of alcohol on her breath, slurred speech, and red eyes. Tanya explained that she had recently had her wisdom teeth removed and that her eyes were red because she had been crying.

Her injuries were too severe to allow for any field sobriety tests. She couldn't even give a breath sample. But another deputy, who also worked in the airport bureau, arrested Weyker anyway, on five separate charges including drunk driving causing injury.

Test results showed that Tanya was not driving under the influence of alcohol and the prosecutor finally decided to not press charges.

Tanya should have never been arrested that night or charged for drunk driving. Tanya now has an arrest record.

If you have been subjected to false arrest, you have the right to sue the police department for damages and have your arrest record removed. You should consult with a drunk driving attorney immediately to determine if you have sufficient grounds to be charged with and convicted of drunk driving and to see if you can have your arrest record removed. You should consult with a personal injury attorney to see if you can sue for false arrest.

I provide legal representation to Ann Arbor residents arrested and/or charged with drunk driving. I invite you to contact me to discuss your case in more detail. Call 734-274-6567 to speak with me directly.


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