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  1. #1
    Join Date
    Sep 2011
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    7

    Default Wrongful Arrest and Officer Lied in Court

    My question involves police conduct in the State of: North Carolina

    Was arrested in July of this year for BUI- Boating under the influence. I was a passenger of a boat, that I was not driving, however I am the owner of the boat. The captain operating the boat was 100% sober as well as the driver of my car.

    Upon returning to the dock after an overnight fishing trip, the NC wildlife officer did his standard safety checks and permit/licensing checks (all in my name) which was all in order. He left for a few minutes and came back to my docked boat in which I was a passenger and asked me to do a field sobriety test. I complied and was arrested for BUI. I protested that I had not driven the boat to which he agreed, none the less off I go to jail.

    Was let out pretty quick about 2 hours later.

    Contacted a good lawyer in the area, explained the situation gave him all my witness statements, and sent him the tickets. He said it was an open and shut case, there was no standing for the arrest and he assured me it would be dismissed.

    Fast forwrad to yesterday, I'm thinking smooth sailing, nothing to worry about, the cop will tell his side that he arrested the owner of the boat instead of the operator, case will be thrown out and I'll get my bail money back.

    Well, officer shows up with a BRAND NEW story and testifies he saw me driving the boat, which is a flat out bold face lie.

    Now I am stuck with an appeal and a he said she said.

    I am appalled that this can happen in the United States,

    I am currently trying to get the surveillance footage from the marina, but since the incident is 4 months old, I am not optimistic they have saved it for that long.

    I am more furious then anything else and I want this guy punished. I do not want money from the state, I want this cowboy flipping burgers where he belongs, he has no place carrying a gun and a badge if he doesn't have the integrity to tell the truth in court.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Wrongful Arrest and Officer Lied in Court

    But you had witnesses, yes? To corroborate your side of the story? Were they ever called to testify?

    What did your attorney actually do?

  3. #3
    Join Date
    Sep 2011
    Posts
    7

    Default Re: Wrongful Arrest and Officer Lied in Court

    I was not in court, due to the nature of the case and perceived easy dismissal, my lawyer said I did not have to appear and he represented me under a power of attorney.

    For the witnesses we simply provided written statements and they also did not appear.

    I thought it very strange when he said I did not have to appear, but that's why I hired a lawyer, they are the experts.

  4. #4
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Wrongful Arrest and Officer Lied in Court

    I'm getting the distinct impression that your grievance is not with the officer, but with your attorney.

  5. #5
    Join Date
    Sep 2011
    Posts
    7

    Default Re: Wrongful Arrest and Officer Lied in Court

    Not at ALL, I am furious that an officer would make up a story in court just to get his conviction, when I have not broken any law...The only reason for coming to this site was to get opinions on the best way to hold this officer accountable for his actions.

    I would be speaking to my lawyer, but its saturday and he said we will speak on monday. I am just too mad at the cop to let it sit until monday.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Wrongful Arrest and Officer Lied in Court

    What exactly do you think is going to happen between now and Monday?

    I'm honestly not being snarky - it's a genuine question.

    Have you even gotten the transcripts yet? Do you know what actually happened in court? You weren't there, after all.

  7. #7
    Join Date
    Sep 2011
    Posts
    7

    Default Re: Wrongful Arrest and Officer Lied in Court

    Obviously nothing will happen, but I was hoping to start getting ideas of what I need to put together or what challenges I would face when pursuing a case against an officer for perjury, or any other charges that apply.

    I have nothing from the court room other then a e-mail from my lawyer that told me what happened with the cop telling his story, and he said we would talk on monday.

    What I was hoping to find on here was people with similiar experience and to share what their actions were and what their results were. As everywhere else I look I find accounts of people saying forget about it, its impossible to beat the system, the court always sides with the police, etc. etc etc.

    That is not good enough for me, I will not accept this and I will not stop until this guy is punished. I have cash at hand, and I will be happy to spend it in pursuit of this guys career.

  8. #8
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Wrongful Arrest and Officer Lied in Court

    So what possible reason could this guy have, to pick you, your boat and your fishing trip to lie about? What was his motivation?

  9. #9

    Default Re: Wrongful Arrest and Officer Lied in Court

    Quote Quoting That Guy
    View Post
    So what possible reason could this guy have, to pick you, your boat and your fishing trip to lie about? What was his motivation?
    Exactly, I have a hard time believing this cop would suddenly pick you, a total stranger out for persecution. He would be betting his career and possibly his freedom just to get you for BUI???? Honestly there is more to this than your telling us.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Wrongful Arrest and Officer Lied in Court

    Quote Quoting Rsmith1981
    View Post
    I will not accept this and I will not stop until this guy is punished. I have cash at hand, and I will be happy to spend it in pursuit of this guys career.

    That right there is going to be your downfall.

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