Can I sue the county for wrongful arrest after I was charged with DUI after a medical seizure and the case is dismissed?

Criminal Law

Liz

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With the DUI, if you were not conscious, and there was no cause to believe DUI, rather than a medical issue, that can be cause for a case of false arrest or malicious prosecution. (42 U.S.C. § 1983)

For one, usually before charging, they should have your blood test back as they need probable cause to charge. If your medical records show a seizure, and they made a snap judgment based on something like your appearance, it also can be discriminatory.

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I got a Driving Under the Influence (DUI) and my blood test is expected to come back clean. I want to sue.

Lexi, Chatbot

I understand that dealing with a DUI can be very stressful. Can you tell me when the incident occurred?

October 16.

Lexi, Chatbot

Have you already consulted with any legal professionals regarding your case?

No, I got a public defender but my court date ain’t until November 18. When they drop the case, I want to sue the county. I had a seizure while I was driving and they thought I was fucked up. I look like a thug.

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your lawsuit.

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, with the supposed DUI, were you conscious when they arrived?

Partially.

Liz

With the DUI, if you were not conscious, and there was no cause to believe DUI, rather than a medical issue, that can be cause for a case of false arrest or malicious prosecution. (42 U.S.C. § 1983)

Liz

43,836 satisfied customers

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