Civil suit and wrongful arrest

[Curious George]

Jurisdiction

Illinois

Hi,

I have a question:

Lets say a person was issued class A Misd. for DUI at low blow and one traffic violation ticket and the defendant lawyer believes he can have the DUI case dismissed and can have the prosecution offer a deal just to settle for traffic violation and the state will drop the DUI case all together.

if one is to accept such a plea deal, does this automatically stops the defendant from suing the police for wrongful traffic stop and arrest once the plea is accepted by him?

One of my friend is currently stuck in this situation. He believes when the police pulled him over they pulled him over for no cause. The evidence provided by the police to his lawyer has not been reviewed yet but he is confident police pulled him over on a witch hunt.

He is ok to accept the police plea deal as long police had a probable cause to stop him but he is absolutley not ok to take the plea deal if that would stop him considering a civil suit against the police department in the future.

thanks for answering my question.

 

[army judge]

if one to accept such a plea deal, does this automatically stops the defendant from suing the police for wrongful traffic stop and arrest once the plea is accepted by him?

I suggest you pose ALL of your questions ONLY to the attorney representing you for the matters currently being adjudicated before the court in which your traffic citations and/or your physical arrest are being tried!!!

Use YOUR CONSTITUTIONAL RIGHT to REMAIN SILENT, making sure you ONLY discuss matters as described above with your attorney of record.

Do YOURSELF another great service, NEVER discus the traffic citations or criminal charges of another person with said person.

Furthermore, silence is your right, engaged properly, it'll help you retain that freedom.

 

[adjusterjack]

The evidence provided by the police to his lawyer has not been reviewed yet

Come back when that evidence has been reviewed and tell us what the officer attested to.

Otherwise, you are just wasting our time with your friend's protestations.

 

[Tax Counsel]

A couple of things to note. First, the police do not need probable cause to stop you. They only need reasonable suspicion for that, which is not a very high standard. A failure to stop at a stop sign, expired registration, and a lot of other things the observes can provide the reasonable suspicion.

Second, a "low blow" on the breath test does not automatically mean you are home free. If you blow more than .08% blood alcohol content (BAC) then that means you are presumed to have driven while impaired. If you blow under .08% then the blow establishes you had alcohol in your system. If the state can present evidence that you were impaired (driving in an erratic manner, driving into coming traffic, blatant violation of driving laws, etc) or you fail a field sobriety tester you can still be guilty of a DUI. Either of those situations would then provide the probable cause to arrest you for that offense, and to seize the car to get it off the road.
While the police have your car they may search the car for any signs of illegal activity, like drug possession or dealing in drugs. If they find anything illegal in your car, you are likely to be charged with those violations too.

If you want to really contest the ticket, it's probably worthwhile for you to hire a lawyer who handles DUI cases. The consequences of a DUI can significantly make life harder for awhile and cost you a lot of money, including fines, costs of a driving school, and a lot higher auto insurance rates. You'd likely lose your license for a period of time. As I recall in my state with a first offense your license is suspended for six months. The time might be different in your state. A lawyer can help you minimize the impact of this for you.

 

[army judge]

A couple of things to note. First, the police do not need probable cause to stop you. They only need reasonable suspicion for that, which is not a very high standard. A failure to stop at a stop sign, expired registration, and a lot of other things the observes can provide the reasonable suspicion.

Excellent analysis and explanation, that differentiates and defines for laypersons an often misunderstood concept.

 

[JustCause]

Excellent analysis and explanation, that differentiates and defines for laypersons an often misunderstood concept.

Hey Judge...let's talk about implied consent and exigent circumstances as related to DUI blood draws...and the officers that draw the blood themselves, shall we? Love to pick your brain about this one...standing by...Thanks, Bev. I'm a newbie here.

 

[justblue]

Hey Judge...let's talk about implied consent and exigent circumstances as related to DUI blood draws...and the officers that draw the blood themselves, shall we? Love to pick your brain about this one...standing by...Thanks, Bev. I'm a newbie here.

Bev,

This thread is over 2 months old and "belongs" to Curious George.

If you have a question(s), please start your own thread, rather than hijack and confuse OP's thread with non related issues.

Thank you and welcome to TheLaw.

Blue

 

[JustCause]

Bev,

This thread is over 2 months old and "belongs" to Curious George.

If you have a question(s), please start your own thread, rather than hijack and confuse OP's thread with non related issues.

Thank you and welcome to TheLaw.

Blue

My goodness...I've never felt so welcome in my life. There is such a banquet of eloquence here. Such a cynistic atmosphere! I will certainly make myself at home! Thank you for being such a DARLING! Muah!

 

[stealthy1]

My goodness...I've never felt so welcome in my life. There is such a banquet of eloquence here. Such a cynistic atmosphere! I will certainly make myself at home! Thank you for being such a DARLING! Muah!

What's a cynistic atmosphere?

 

[adjusterjack]

I'm not letting this get out of hand.

Thread locked.