Q: Can I sue the CHP for false imprisonment? I was arrested for DUI. County case dropped, DMV charge stands.
In Nov.2023 I was arrested for a DUI but I was not driving. I had gone out for dinner and drinks with coworkers. I was being dropped off at my house by my coworker and we were following my other coworker to my apartment to pick up work keys. Upon traveling to my apartment (a block away from the restaurant) my co worker was involved in a traffic stop with a CHP. Myself and my coworker proceeded to my apartment where he went to drop me off, I (intoxicated) made the dumb decision to walk down to see if everything was ok with the traffic stop. (100 ft away) When I approached the scene I was approached by another CHP whom began to question me immediately, following the questions he began sobriety tests and ultimately gave me a breathalyzer. (I, who has never been arrested or interacted with police, I followed the commands AND I was intoxicated) Ultimately, I was arrested for a DUI. Through county court, my case was dismissed. I had my DMV hearing 3 weeks after, and it was not dismissed.
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- California
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A:
Under California law, suing the CHP for false imprisonment may be challenging in this situation. False imprisonment requires proving that you were unlawfully restrained without consent and without legal justification. Since you were arrested for DUI, the officer likely had probable cause based on your intoxicated state and the results of the sobriety tests.
Even though your county court case was dismissed, the DMV's decision to uphold the charge indicates that the arresting officer had sufficient reason to believe you were in violation of DUI laws. The differing outcomes in court and at the DMV can be attributed to the different standards of proof and procedures used in each venue.
To explore your legal options, it may be beneficial to consult with an attorney who can assess the specifics of your case and provide guidance on whether you have grounds for a lawsuit against the CHP. Documenting all details and gathering evidence will be crucial for any potential legal action.
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