Alcohol & Drugs: DUI, DWI false arrest for DWI

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jamesbc60

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i was arrested and incarcerated for 5 and a half months for a DWI. while incarcerated i filed for discovery. the officer stated that a witness had called police because i had been driving recklessly through a parking lot. well i had left a bar with an individual that i had been playing pool with that night. i originally left bar and went to my vehicle and was just going to sleep off my buzz but the indivdual i was playing pool with seen me walk to my vehicle and came out to me and asked if i could give him a ride home. i said that i was pretty messed up and asked where he lived. he told me he only lived right up the road. so i asked if he could drive a stick shift and he said he could so we left the bar and started towards his house. right before we reached his apartment he pulled into a parking lot of a grocery store to get some cigarettes. as he was driving through the parking lot he started having problems catching gear in my vehicle. the truck was jurking and skid out a couple of times and people were looking towards us so i told him to just put it in gear and ease over to the McDonalds that was in the same parking lot. we made it to McDonalds and he went to get cigarettes and i walk in to get something to eat. when i had finished washing my hands and opened restroom door an officer was standing outside. i was then arrested. the discovery didnt have the name and address of witness but when i went to court and my case was dismissed(witness didnt show) i got the address and phone number down of witness from discovery my lawyer had. the witness said they didnt know who was driving that night but officer lied and said that they said i was driving.
 
You never got around to asking a question.
You also say your case was dismissed, so why were you in jail 5 months?
Chances are that it is far too late for you to do anything about this. It seems you have already been convicted and served your time. Your window for appeal is long gone.
 
It seems this is over now & you are out of jail. You might just let it go. What do you want to do/to accomplish? (What is your question?) There probably isn't anything you can do now anyway.
 
i was in jail 5 and a half months awaiting trial. was arrested in december 2013 then got out in may 2014. wondering since officer lied about what witness said if i could sue arresting officer?
 
i was nowhere near my vehicle when arrested. i have been told that in order to be charged with DWI you have to be behind the wheel with the keys in ignition. the officer knew that and lied in order to create probable cause.
 
The witness told he did not know who was driving ... the officer apparently says the witness told him you were driving. You can prove that the officer was lying ... how???

The witness may have been wrong, he may have lied to you just to shut you up as he had never though you would track him down, or he - or the officer - might have been mistaken. Proving the officer knowingly and intentionally lied and risked jail and the end of his career just to get you in trouble is going to be a tough sell.

And, WHY were you in jail for more than five months awaiting trial on a misdemeanor? What other charges were pending? Were you already on parole or probation??
 
The witness told he did not know who was driving ... the officer apparently says the witness told him you were driving. You can prove that the officer was lying ... how???

The witness may have been wrong, he may have lied to you just to shut you up as he had never though you would track him down, or he - or the officer - might have been mistaken. Proving the officer knowingly and intentionally lied and risked jail and the end of his career just to get you in trouble is going to be a tough sell.

And, WHY were you in jail for more than five months awaiting trial on a misdemeanor? What other charges were pending? Were you already on parole or probation??

i was told i could get time served after 50 days had passed but was not going to plead guilty for something i didnt do and was reset twice. i havent been in any trouble with the law since 2003. and never had a DWI or drug related charge. lost everything i own and my job working in the oilfield. worst 5 and a half months of my life. my license is still suspended and making it impossible finding a job. i made a living driving a truck.and my CDL may never be good again
 
i was told i could get time served after 50 days had passed but was not going to plead guilty for something i didnt do and was reset twice. i havent been in any trouble with the law since 2003. and never had a DWI or drug related charge. lost everything i own and my job working in the oilfield. worst 5 and a half months of my life. my license is still suspended and making it impossible finding a job. i made a living driving a truck.and my CDL may never be good again

You know the good and the bad of this story, sir.
You're free, and that's a big win.
So, you start at square one and begin building a life for yourself.
One thing about this country, we are allowed "mulligans" and "do overs".
 
Agree with Army Judge. Just forget about it & start building a life now - Good luck to you.
 
James, it's just that there "probably" isn't anything you can do now anyway. I'm sorry.
 
i was told i could get time served after 50 days had passed but was not going to plead guilty for something i didnt do and was reset twice. i havent been in any trouble with the law since 2003. and never had a DWI or drug related charge. lost everything i own and my job working in the oilfield. worst 5 and a half months of my life. my license is still suspended and making it impossible finding a job. i made a living driving a truck.and my CDL may never be good again

That's grand, but that doesn't PROVE that the officer lied. Arguing a lie will be a huge hurdle to overcome, and nearly impossible to prove. The "witness" may have told the officer you were driving and he lied to you to keep you away from him. Witnesses don't tend to like suspects knowing abou tthem and in some states even contacting the witness with regards to your case - even if closed - can be a crime.

As AJ said, time to move forward from here rather than try to stir the muck.
 
i was nowhere near my vehicle when arrested. i have been told that in order to be charged with DWI you have to be behind the wheel with the keys in ignition. the officer knew that and lied in order to create probable cause.

You were told wrong.

The officer apparently relied on witness statements to establish you as the driver. He did not have to catch you behind the wheel.
 
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