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I was falsely arrested for dwi. Was on probation at the

I was falsely arrested...

I was falsely arrested for dwi. Was on probation at the time. Due to this and saying no the the blood sample which turned out to be another violation. I know I will not be guilty of dwi (i only had 1 drink 3 hours before I was even stopped) and passed all three sobriety tests. my question is if the arrest is proven false then that vioaltion goes away I assume? and if that violation goes away will me saying no the blood sample also go away since it occurred after me getting arrested?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Texas. jjune 2016 and my probation ends in july 2017 so i only have 10 months left. all terms of my probation have been completed. all i do is check in now once a month

Lawyer's Assistant: Have you talked to a lawyer yet?

Looking for one.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nothing else. just wondered what would happen to the second violation and if the hearing does noes not occur till after my probation ends would anything happen? MY blood test still has not came back yet and its almost 4 months so the case has not even been filed by the intake prosecutor

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Answered in 3 minutes by:
9/22/2017
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 12,810
Experience: JD, MBA
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Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

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Customer reply replied 11 months ago
Ok. Thank you TJ
Customer reply replied 11 months ago
no thank you to call you. just would like the answer on events that could occur

Hi again.

If there was no probable cause for the arrest, then any evidence found regarding any crime or violation after the arrest would be inadmissible as evidence against you. However, you should know that there is a difference between a false arrest and being found not guilty. A person can be found not guilty of charges, and yet the arrest could still be valid. An arrest is valid if the police officer has probable cause that you committed a crime. He has probable cause if he has a reasonable suspicion. A person could be not guilty, and yet the police officer may still have had reasonable suspicion.

So in sum, the answer depends upon what you mean when you say that you were falsely arrested. If the police officer had no reasonable suspicion, then any subsequent violations should go away. However if the police officer did have a reasonable suspicion that you were driving under the influence, then it doesn't matter if you are actually guilty. Subsequently discovered violations would count against you.

Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

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Customer reply replied 11 months ago
Ok. So what happens if the case is declined? does that mean the probation violations still stand (the violations are for being arrested and for saying no to a blood sample)?
Customer reply replied 11 months ago
The case I feel will get declined due to no or low presence of BAC and due to the three passed sobriety tests (charge was for DWI).
Customer reply replied 11 months ago
still confused sorry
Hi again.Q: Ok. So what happens if the case is declined? does that mean the probation violations still stand (the violations are for being arrested and for saying no to a blood sample)?
A: If the prosecutor opts not to proceed, then legally speaking, the other violations are still legit, subject to what I wrote about probable cause. Of course, it's also possible that the violations will be ignored.Does that answer your question(s)? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)
TJ, Esq.
TJ, Esq., Attorney
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