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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was charged with a DUI in june of last year. The only evidence

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I was charged with a DUI in june of last year. The only evidence that they have is a statement from my x-wife. She stated that I drug her down the street for 40 feet. There is 9 pictures taken of where it was to have happened. One tire track of either someone starting fast or stopping fast. How old the tracks are is questionable at least When they arrived at my home I was drunk no doubt. That was I 1/2 hours after the fact. I was mad at my x-wife and was drinking shots of whiskey when they arrived. They arrested me on the spot. My front gate was closed and locked so they had to climb over it. My van was locked and they didn't ask me to open it. There were 89 pictures taken around my home. Several of me, my van, it's tire tracks in the dirt ( tire tracks were straight )and there is nobody that said they had seen me driving. I told them that I drove my x-wife home about 1 1/2 hours ago and that there was nothing wrong with her when I dropped her off. Can you give me some advice as to what I should be I should do. I have a public defender and am scheduled to go to court in Oct. But now for over a year I have been unable to drive or take care of shopping or anything else. Thanks Robert

Thank you for requesting I help with this.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I will need you to be a little more specific, please?

What exact informattion can I provide for you?
Customer: replied 3 years ago.

I'm just wondering if the police have the legal authority to arrest someone in my position. There was no evidence of me dragging her when I dropped her off. They did not see me driving drunk or sober either one. There was no sign of my driving drunk at my home. So have they got the right to arrest me on just her statements saying that I was drunk when I dropped her off?


Yes. Unfortunately, they can make that arrest.

And you can be charged

However please know that the state must prove its case beyond a reasonable doubt
Customer: replied 3 years ago.

Ok Now my question is can I sue the county when I beat the charges. I'm not guilty of DUI and have no doubt that the charges will be dropped


Actually, no. You would not have a basis unless you can show the only reason you were arrested was because they were "out to get you" and there was an intent to harm you and not because they were just doing their job
Customer: replied 3 years ago.

OK I see. Can I do anything about what my e-wife said to the police that started all of this? Can I take any legal action because of her untruthful statements to the police? I must have some legal rights in this matter. I don't want blood or anything like that I feel that she should be charged with something. Not just going her own way when this is over.



First, let me apologize for the delay in this response

And the answer is yes - you can file a police report on your ex wife for a false complaint and possibly obstruction of justice.

And, if this is nothing but a vengeance by your wife, the police should be concerned that she is calling in false reports.

This is a misdemeanor crime under the AZ statute of 13-2907.01 I suggest that when you talk to the police you will want to cite that portion of the AZ Code.

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