On October 2007 I was arrested on suspicion of DUI while on my way to Yosemite, CA jail to pick my wife up after having herself been arrested for DUI about 4-5 hours previously. After much harassment, I was coerced into submitting to a field sobriety test after which I was told I could pick up my wife only if I submitted to a breathalyzer test if "the numbers were right." I was also told that if I did not submit voluntarily, there was enough evidence to warrant my arrest. I asked questions for clarification, and before I had a chance to reply, I was arrested, and taken to jail after submitting to a mandatory blood test which subsequently showed by blood alcohol level to have been 0.0%.
Since then, my DUI charges have been dropped, but the National Park Service continues to prosecute for a traffic violation such as running a stop sign or similar offense.
Any arrest on my record can have seriously negative repercussions in my career whether justified or otherwise.
Am I entitled to sue for false arrest DUI OVI, civil rights violations, false imprisonment, due process violation, etc? What rights were violated during the DUI stop? Can I initiate a civil case while the criminal case is ongoing? Is it possible to get the arrest off my record?
Thank you for your attention and advice.
It appears that the arrest here was on federal land. That usually means that the traffic and criminal matters will be...
My inlaws prohibited me from seeing my children. When I asked the sherriff to meet me there in hopes of a smooth transitioning, He arrested me for DUI/DWI under suspicion of meth. I was detained for 4 hours and released. I provided a urine sample. Which I know will come back clean for meth. The only problem was 3 days before, I was at my sisters house and she was smoking pot. I dont know if it will show up or not. If it comes back positive I have a phelbotomy/emt/ possible RN License. How will this affect me, can I fight this,this all happen in mariposa county which is notorious for being a corrupt county. Im the only financial support for my children. If I loose my license then I am unable to provide for them
es, you can fight a DUI. Whether or not you have a valid defense(s) to your case depends on all the circumstances...
do they have to be a direct witness to any event concerning their marriage or not. For example, if someone who has not seen the USC spouse in life and writes certain things about him in her witness affidavit to help out the immigrant spouse when she is filing her waiver, and those statements are untrue, is the person who submitted the affidavit liable for her words or not. To further elaborate on this let me put it this way too....to what extent that witness affidavit writer has to be directly aware of the situation or an event to assume the responsibility of providing an affidavit. In my situation, I do not know that lady as she's only the friend of my ex, but the things she has written is as if she actually lived with us, so that makes it obvious that my wife has dictated to her what to
This is an immigration question regarding testimony by affidavit and not a criminal law question. I recommend...
