Q: I was arrested for DUI. The charges were dropped because video shows the officer did not make a traffic stop. Can I sue?
This is not a case of me driving in traffic and a cop observed my driving pattern and made a DUI traffic stop. I was at a motel when an incident occurred with an ex, two males got involved and I left. Because I did not know where my phone was, I went to a parking lot 10 seconds away to look inside my car. Unknown to me 911 was called as I left at 11:08 pm. At 11:14 pm a cop approached me standing outside my "black Nissan". All she asked was my name and birthdate, returned to her vehicle and remained there until 12:25 am when another deputy arrived, who I learned was there to conduct a field sobriety test. I refused, as noted in the video recorded Miranda warnings “ that I don’t feel comfortable doing a sobriety test when I have been detained for over a hour and not told why”. She didn’t ask for my driver license, registration or insurance nor was I told that this is a DUI traffic stop. She lied about a DUI stop and arrested me without me knowing. It took 46 minutes to arrest me for DUi
A: Sorry to hear about your ordeal. Your inquiry is unclear regarding the phrase, "arrested me without me knowing". If you're arrested, you'd know it. You would be handcuffed, placed in a patrol vehicle, and taken to a facility for booking. Not sure if you mean you were instead issued a notice to appear in court, without an arrest and without a court appearance. It's best that you re-post your inquiry to be more specific.
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