Schedule Your Free Consultation

PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients and prospective clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options

Tipping The Scales Of
Justice In Your Favor

New York man settles false arrest claim after DUI arrest

| Dec 7, 2017 | Drunk Driving |

Even an innocent person can end up facing serious legal consequences. And, even New York City residents may be arrested when they did not commit the crime they are accused of committing.

For example, recently, one New Yorker spent five months in jail for a DUI. He filed a claim alleging that the police falsely arrested and detained him.

The man asserted claims of racially motivated misconduct, unlawful seizure, due process and Civil Rights Act violations, conspiracy to interfere with civil rights and denial of equal rights. According to the parties’ settlement agreement, the man will receive $150,000, and the police will not have to admit fault.

The incident occurred when the man was driving in a neighboring state and was stopped by police on his way to his mother’s house. The police apparently smelled alcohol, but the man told them he had not been drinking. Despite passing a Breathalyzer test and multiple field sobriety tests, the police arrested the man and searched his vehicle. Officers failed to find any evidence of drug or alcohol use in the vehicle.

The man was then transferred to state police headquarters and administered another test, which was inconclusive. During his time in prison, his blood was allegedly tested multiple times and came up negative for all drug and alcohol related substances. Police did not notify the courts right away of these results. Finally, after five months, the man was found not guilty and released.

Every day, people are falsely arrested and wrongfully convicted for DUI-related crimes. One of the best ways to avoid facing penalties one does not deserve is to seek assistance from a qualified criminal defense attorney and come up with an effective criminal defense strategy.

Source: The Morning Call, “State police settle N.Y. man’s false arrest claims for $150k,” Peter Hall, Dec. 4, 2017

Archives

FindLaw Network