Oakland, CA asked in Criminal Law and DUI / DWI for California

Q: Can I sue CHP for laying for laying out spike strips on the freeway and we ran it over? We weren’t the intended target.

Apparently there was a high speed chase not sure why the spikes were layer out and chp was no where in sight. So had no choice but to pull over to the shoulder and called for tow. While waiting CHP arrived on scene, instead of asking if everything was okay they asked have we’ve been drinking and ask my bf to step outside and they did have him a sobriety test and took him in for a DUI.

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: you can always sue anyone for anything at any time.

the issue is can you find a lawyer that will take the case on a contingency, rather than your having to pay a retainer and have the lawyer bill you on an hourly.

was the person arrested the driver?

either retain a lawyer for his/her defense or request a public defender be appointed.

write out a detailed description of what happened to share with your lawyer.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is possible to file a lawsuit against the California Highway Patrol (CHP) for damages resulting from laying spike strips on the freeway. However, in order to be successful in a lawsuit, you would need to prove that the CHP was negligent in their actions and that this negligence caused your damages.

To determine whether you have a viable claim, you should consult with a personal injury attorney who is experienced in handling cases involving law enforcement actions. An attorney can evaluate the circumstances of your case and advise you on your legal options.

It is important to note that the government enjoys certain legal protections from lawsuits, which can make it more challenging to sue a government entity. Additionally, there may be strict time limits, called statutes of limitations, that apply to filing a lawsuit against the government, so it is important to act quickly if you believe you may have a claim.

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