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.
False Arrest For Dui In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
If you are arrested for DUI but know that you were not drinking, it's essential to stay calm and cooperate with law enforcement. Request an attorney and do not say anything that could potentially incriminate yourself. It's also crucial to gather as much evidence as possible to prove your innocence.
To be successful with a civil lawsuit pertaining to false arrest, you must prove three elements of your case. These are as follows: Law enforcement officials arrested you without a valid warrant, without a warrant at all, or without probable cause. You suffered actual harm as a result.
Gather evidence: If possible, try to remember details of the arrest, like the officer's name and any witnesses. Contact an attorney: Talk to a lawyer specializing in wrongful arrest. They can advise you on your legal options, which may include filing a lawsuit against the arresting officer or department.
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.
After a false arrest, you have several legal options, including: File a lawsuit against an office and their department for injunctions. Make a complaint against the officer. File a lawsuit demanding compensation. File motions to suppress evidence from a false arrest.
How much compensation can I expect for a wrongful arrest lawsuit? Expect compensation for a wrongful arrest lawsuit to vary significantly, typically ranging from under $10,000 for brief detentions to over $1,000,000 for more severe cases.
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.
Standard first time DUI in Santa Clara County: A minimum 48 hours Santa Clara County Jail or 5 days work release. Three years of summary probation. 6 month California Driver License suspension (but the defendant can usually continue driving if he/she drives with an Ignition Interlock Device (IID) for 6 months)
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
Our experienced wrongful DUI arrest defense lawyer consistently delivers favorable verdicts to clients faced with false DUI arrest charges in Santa Clara. A false arrest is one way of committing false imprisonment.To prove false arrest, a person must prove three elements. If you had an arrest that did not result in a conviction, you may be able to seal your case under Penal Code section 851.91. 5494 or filling out an online form to schedule a Free. By filing a complaint with the police department, you can demand the officer face repercussions for their false arrest. If you have been charged with DUI and are in need of a DUI Lawyer in Santa Clara, California, you should immediately hire a DUI lawyer at the H Law Group. If the stop or arrest was unlawful, the defense can file a pretrial motion to suppress evidence. DUI Resources: Where can I find programs and resources for DUI (Driving Under the Influence)? Under California law, if you believe you were wrongfully arrested for DUI, you have several options to seek justice and potentially recover damages.