Q: Can I sue for false imprisonment? My DUI case was dismissed in County Court, but I’m still being charged with by DMV
In Nov. 2023 I was wrongfully arrested for a DUI.
I was on my way to being dropped off at home after a night out with coworkers. Upon that travel, my co worker driving in front of us had been pulled over by CHP. (Mind you, my home was a block away from the restaurant).
Myself and my co worker passed him and proceeded to my apartment. Once my co worker parked at my house, I (intoxicated) made a dumb decision to walk down to where my co worker (100ft away) had gotten pulled over to see what happened. (That coworker had had a few drinks at dinner). Upon approaching the traffic stop, I was able to approach another CHP at the scene to ask if everything is ok. He immediately began questioning me about my past whereabouts and had I been drinking ect. After the series of questions, he began sobriety tests on me, which led to a breathalyzer. (Me, having NEVER been arrested or encountered by police, abided by the commands of the officer).
He then told me I was being arrested for a DUI.
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A:
In California, you can consider suing for false imprisonment if you believe you were wrongfully arrested and detained. In your case, if your DUI charge was dismissed in County Court, but the DMV is still pursuing action against you, there are specific legal avenues you can explore. It’s important to understand that the DMV operates separately from the criminal court system, and they have their own procedures for handling DUI cases.
To pursue a claim for false imprisonment, you need to demonstrate that you were detained without legal justification. Since your case was dismissed, this might support your claim, but it's essential to gather all relevant evidence, including the dismissal documents and any records of your interaction with the police officer. Consulting with an attorney who has experience in criminal defense and civil rights can provide you with tailored advice on the strength of your case and the next steps.
Additionally, you may need to address the DMV's actions separately. The DMV conducts its own hearings, which focus on the suspension of your driving privileges rather than criminal guilt. You have the right to a hearing to challenge the DMV's decision, and it’s crucial to prepare thoroughly for this process to protect your driving record.
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