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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26870
Experience:  Active member of the NYS bar since 1989
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I wasarrested in Tillamook or on 31July16. Charged with DUII

Customer Question

I wasarrested in Tillamook or on 31July16. Charged with DUII .Passed road side sobriety tests, transported,. Passed blow test with .05. Released on my own.60 days laterthey dropped charges lack of evidence. Cost 90.00 admin fee, 100.00 towing fee. I want my money back and ?
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey, JD replied 9 months ago.

Are you looking to sue the police for $190 for a false arrest?

Just because a case gets dismissed doesn't mean there wasn't probable cause to arrest you and take you into custody. And if the police had a reason to stop you and probable cause to believe that you may have been drinking and driving, you would not have a case. It would be dismissed out of hand because you don't make out the necessary elements for a legal cause of action.

You can consult with a civil rights lawyer and give him more details and see if he thinks you have a possible winning suit. But this is not the kind of case that you can take to small claims court. Police have limited immunity and cannot be sued or prosecuted unless, as with civil rights cases, the law specifically allows for it.

If this is not what you're asking about, please reply to this question thread and ask your question.

Customer: replied 9 months ago.

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