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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 113493
Experience:  Attorney with over 24 years of law and traffic law
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Was arrested earlier this week for missing a hearing at the

Customer Question

Hi was arrested earlier this week for missing a hearing at the end of a differed case. At the end of my deferred period I had completed everything but the court were missing a document that proved some community service which I had completed for a DWAI (Driving while ability impaired) in Colorado so they had a hearing to discuss why they didn't have the document. I had no idea they did not get the document and had already moved out of the state and had no way to make the hearing as the charge occurred while I was on a vacation. The last I saw the case had been closed, and the warrant issued for failure to appear to the hearing was removed. I found out they reissued a warrant and reopened the case months later after I had moved to another state (legally allowed to do so, no felonies ever). The original warrant bail was $275 as a DWAI is a minor charge. But the second warrant issued was for $2000 and was for Fugitive of the law, failure to appear for DUI. This caused me some serious issues! First of all that was absolutely not what I was charged for and I absolutely did not commit a DUI. Only had 2 beers and blew well under a .08 on the breathalyzer. So they had to issued me a DWAI so they wouldn't look like idiots for arresting me on an illegal pull over claiming i made an illegal u-turn my truck is physically not able to make. They had me blow 5 times too. So why they issued a warrant for a DUI makes no sense. And this is where my concern really lies. It caused me serious issues because I was unable to get $2000 for bail. I could have easily paid bail if it were appropriate for the charge I had. The orignal warrant was only $275. I could have paid that when they booked me and been released in less than 30 minutes. Because of the inaccurate warrant, I had to spend 2 days in jail. Is this legal? Is this something I should file a law suit over? A lot of cases for false arrests have awarded victims about $100K for a day in jail. The fact they falsified the warrant to indicate something more serious than the actual charge, and the fact the false warrant caused me to spent a lot more time in jail than if it had been the actual charge?
Submitted: 3 months ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Yes, it is something you can potentially sue them over for issuing a false arrest warrant, but before you do so, you must settle the matter in that state court. So you need to hire an attorney in that state and get the new warrant removed as invalid. Once you get that removed as invalid THEN you could sue the agency for violation of your civil rights for issuing an improper warrant based on the improper or incorrect charge and also violating your constitutional right under the 6th amendment to reasonable bail.
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