How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Christopher B, Esq Your Own Question
Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2963
Experience:  personal injury and medical malpractice attorney
84496330
Type Your Personal Injury Law Question Here...
Christopher B, Esq is online now
A new question is answered every 9 seconds

I was stopped speeding ticket in Carson City, NV. I provided

Customer Question

I was stopped for a speeding ticket in Carson City, NV. I provided my license and vehicle information (it was a rental). He came back with the ticket but wouldn't give me the ticket unless I rolled my window all the way down so he could speak to me. I
refused but told him I would sign the ticket (the conversation didn't go quite like that, but I have a full video of it - I was nervous and it was more of an argument and me trying to exercise my rights as a matter of principal). Since I wouldn't roll my window
all the way down, which by the way was half way down or more (again on the video), he stuck his arm in my car and unlocked it and told me to get out of the car. I refused and he took my seat belt off and dragged me out of the car and handcuffed me. When I
told him I didn't consent to a search as he walked back to the car, he came back and arrested me for obstruction of justice. In addition, the passenger (who was arguing as well that they didn't have the right to do any of this), got pulled out of the car as
well, handcuffed, was told she was being detained but then was arrested as well for obstruction of justice. I'm not sure if this is considered personal injury bc our bodies were not injured, but we were wrongfully arrested as we did nothing to obstruct justice
(and this was the only logical choice on the justanswer website). Again, we have video and the only reason he ever asked for me to roll the window down or to get out of the car was because he wanted to talk or because he "said so" - direct quote. And I didn't
want to talk, I just wanted my ticket and to proceed to the airport. We lost several thousands of dollars paying for lawyers and changing our travel plans since we were on vacation and live in Houston, TX. It was detrimental to our business as well since we
each work for ourselves. Because of this, we are looking for a lawyer who would take our case on contingency. We'd like to sue the Nevada Highway Patrol for wrongful arrest to recover money lost. We are willing to pay a higher percentage of anything awarded
since we can't afford upfront fees. But we desperately need that money back to free our credit which is what we had to use. This happened back in February 2015 and we keep reaching dead ends with lawyers and fees. Here is a link to the video on youtube https://www.youtube.com/watch?v=RrearfHYxyk.
Thank You!
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

NRS 200.460 Definition; penalty.

1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.

2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in subsection 3, is guilty of a gross misdemeanor.

Hence, illegal deprivation of another’s freedom without probable cause creates a private right of action in tort. It is both a crime and a tort and applies to detention by a private party or government. It can happen indoors, outdoors, or in a vehicle as is your case. It does not usually apply to situations in which a person is observed committing a crime because that would be probable cause. However, any person detained for any reason is entitled to due process, or the detention is illegal.

If you’ve been wrongfully detained in Nevada, you may be able to recover compensation in a civil action or private civil litigation. To have a viable case, you must prove that you were arrested without a reasonable belief that you committed a felony, were treated with excessive force, were held for an excessive amount of time, or that your civil rights were violated.

Just know that false imprisonment or false arrest is very difficult to prove but your video will very important. If the police officer had no reason or belief that there was any type criminal behavior or dangerous threat from within a vehicle, he had no reason to require you to anything besides provide your ID and insurance and issue you a ticket. He would either need "a reasonable belief that criminal action is afoot" or "probable cause" that there was some type of criminal behavior going on in order to require more than that. You will need to retain an attorney in Nevada to pursue this claim in civil court.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Customer: replied 1 year ago.
Thank you for the information. Would you be able to recommend anyone that would take our case? And what is the statute of limitations on something like this?
Expert:  Christopher B, Esq replied 1 year ago.

Per the rules of this site, we cannot recommend specific attorneys. I would recommend you look on Martindale.com or lawyers.com. they have reviews and show areas of practice for the state of Nevada. The statute of limitations for assault, battery and false imprisonment for a civil case is 2 years.

Please let me know if you have any further questions and please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied.

Expert:  Christopher B, Esq replied 1 year ago.

Any chance for a positive rating?

Related Personal Injury Law Questions