False Arrest For Dui In Broward

State:
Multi-State
County:
Broward
Control #:
US-000280
Format:
Word; 
Rich Text
Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

Free preview
  • Form preview
  • Form preview

Form popularity

FAQ

A false arrest victim claim must allege that the employee of the retail establishment caused or directly procured his arrest without any evidence of a criminal violation, and that the restraint was unreasonable, unwarranted under the circumstances, and against the person's will.

A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law.

A conservative estimate is that you can get $1,000 per hour of wrongful incarceration. This figure can go up to many thousands of dollars per hour if aggravating factors apply. For instance, if you had medical complications after your arrest and had to go to the hospital in handcuffs, then your payout could be higher.

Typically, plaintiffs bringing allegations of false arrest against state authorities need to prove all three of the elements outlined below. The arrest was inappropriate. The person detained suffered harm. An officer was the cause of the injury.

Often overlapping with false imprisonment, the intentional tort of false arrest involves someone being held against their will or taken into custody without consent or a legal justification. This can give rise to a civil claim for damages.

A false arrest is the restraint or detention by one person of another without lawful justification (probable cause or a valid arrest warrant) under an asserted legal authority to enforce the process of the law.

The elements of false imprisonment include intentionally confining a person, actually confining them, and not receiving consent from the victim. However, the victim must be aware of the harm or have suffered harm.

A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.

Reducing Your DUI to Reckless Driving in Florida A reckless driving conviction is a second-degree misdemeanor in Florida and results in jail time not to exceed 60 days. Unless a DUI case can be dismissed for lack of evidence, an outcome of reckless driving is a victory to avoid a DUI conviction.

The top 10 legal defenses to DUI charges are: The Officer Did Not Conduct a 15-Minute Observation. The Officer Did Not Comply with California's Title 17. Your BAC Was “On the Rise” You Were “Mentally Alert” Hypoglycemia, Diabetes or a High Protein Diet Inflated Your BAC. The Officer Did Not Follow Proper Procedure.

More info

Based on the officer's observations, the Client was arrested for DUI, and transported to the Broward County Jail. Suffered false arrest?Looking for a Miami false arrest lawyer? According to recent state law enforcement data, there were an estimated 1,300 DUI arrests in Broward County in a single recent year. Many people are unaware of how to protect their rights, or even what rights they have, after a criminal arrest. A second DUI conviction results in a lifetime disqualification. Summary judgment was properly granted on the basis of qualified immunity for police officers in a lawsuit against them for false arrest and excessive force. Three Broward County judges have been arrested on DUI charges in the last seven months. If you appear to be intoxicated, Law Enforcement can pull you over and place you under arrest for DUI. Once arrested for DUI, assuming your breath alcohol content is .

Trusted and secure by over 3 million people of the world’s leading companies

False Arrest For Dui In Broward