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Can You Sue the Police if You're Arrested After Refusing Roadside Sobriety Tests

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  • 02-15-2015, 08:48 PM
    tonynewman
    Can You Sue the Police if You're Arrested After Refusing Roadside Sobriety Tests
    My question involves criminal law for the state of: pa

    I was looking over youtube videos tonight trying to understand what is required during a road side test.

    im really interested in this one question,, if I refuse the roadside tests and questioning, I tell the officer I refuse to do the tests, and I wish to remain silent, being completely sober, say I was just driving around at 3am sober/not on any drugs, and I get pulled over due to crossing over a line for example, something small that people at 3am might get pulled over for, the officer decides to arrest me after I repeatedly refuse roadside tests and don't answer any questions, and I consent to the station test blow a 0 or even a blood test is done and that is completely clear (no drugs), is this false arrest and can I sue the state?

    I have came a crossed one video that this happened and the man won 70,000 bucks in a suit.(so he says in the video) it just got me thinking because I have been pulled over at 3am 15 years ago and was ordered to stand on one foot and count backwards etc,, a bunch of goofy things and was later told to just get in my car and leave, so I figured if this happened again I would like to know all my rights regarding refusal of roadside tests and can I in fact win a law suit if arrested only to find I had no alcohol or drugs in my system at the station.


    thanks
  • 02-15-2015, 09:00 PM
    cdwjava
    Re: Does Refusal of Road Side Tests Result in Arrest
    [QUOTE=tonynewman;867969]
    Quote:

    if I refuse the roadside tests and questioning, I tell the officer I refuse to do the tests, and I wish to remain silent, being completely sober, say I was just driving around at 3am sober/not on any drugs, and I get pulled over due to crossing over a line for example, something small that people at 3am might get pulled over for, the officer decides to arrest me after I repeatedly refuse roadside tests and don't answer any questions, and I consent to the station test blow a 0 or even a blood test is done and that is completely clear (no drugs), is this false arrest and can I sue the state?
    An arrest requires only probable cause to believe that a crime has been committed and that you committed the crime. You cannot be arrested SOLELY for refusing a field sobriety test. If arrested, state law will require that you submit to a chemical test. If you refuse the mandated test you can face additional penalties which usually involves a license suspension for up to a year whether you are later charged with DUI or not.

    You can try to sue anyone for anything, but, unless the officer clearly lacked probable cause to make the arrest, no lawsuit will go anywhere.

    Quote:

    I have came a crossed one video that this happened and the man won 70,000 bucks in a suit.(so he says in the video)
    And everything on the internet is true ... :rolleyes:

    he may have .,.. but, he could just as easily be full of hooey.
  • 02-15-2015, 09:17 PM
    tonynewman
    Re: Does Refusal of Road Side Tests Result in Arrest
    thanks java,,, one more question,,, can you explain whats required for "probable cause" to be arrested for a DWI after I refused questioning and refused all roadside tests?

    would all that be needed to make a good arrest is the officers word that he seen me go over the yellow line for example or does the officer need to have more evidence to support probable cause ?


    thanks again
  • 02-15-2015, 09:24 PM
    jk
    Re: Does Refusal of Road Side Tests Result in Arrest
    the internet is a wonderful thing. I found out today that if you type words into a search engine it gives you answers, or at least places most likely to provide an answer:


    http://legal-dictionary.thefreedicti...probable+cause
  • 02-15-2015, 09:33 PM
    cdwjava
    Re: Does Refusal of Road Side Tests Result in Arrest
    Quote:

    Quoting tonynewman
    View Post
    thanks java,,, one more question,,, can you explain whats required for "probable cause" to be arrested for a DWI after I refused questioning and refused all roadside tests?

    would all that be needed to make a good arrest is the officers word that he seen me go over the yellow line for example or does the officer need to have more evidence to support probable cause ?

    jk's link works.

    And to have PC for a DUI the officer would have to have good cause to believe that you were operating a motor vehicle while under the influence of drugs and/or alcohol. There could be a dozen different ways to make that determination and I am not going to go into a game of "what if ..." or try to spell out the myriad of possibilities. Suffice it to say that if you are not exhibiting any objective signs of impairment and there is no odor of alcohol or drugs that might give rise to this belief, then your refusal to submit to FSTs should not change the determination. But, each determination of probable cause must be evaluated on its unique fact set.
  • 02-15-2015, 10:55 PM
    tonynewman
    Re: Does Refusal of Road Side Tests Result in Arrest
    this 70,000 suit happened in CA maybe you might be able to verify if he won his suit, he was pulled over for a blinker, the officer stated his PC was bloodshot eyes,

    https://www.youtube.com/watch?v=3dBvFpfiaF8

    here is the court docs : http://dockets.justia.com/docket/cal...cv06772/539124


    i feel bad his dogs had to go to the pound,, not sure i would have exercised my rights if my dog was in the car with me, but its interesting,, 70,000 grand for a night in jail is pretty good lol
  • 02-16-2015, 02:34 AM
    Disagreeable
    Re: Can You Sue the Police if You're Arrested After Refusing Roadside Sobriety Tests
    I found nothing saying he was given $70k.
  • 02-16-2015, 02:52 AM
    cdwjava
    Re: Can You Sue the Police if You're Arrested After Refusing Roadside Sobriety Tests
    The only record provided was as to motions in the case. Most such matters are settled out of court. So, I suspect the city made an offer and the plaintiff accepted it.
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