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Not really drunk driving...

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Ajosin

Member
You should sue. That is the way that the public can keep a check on ego driven cops who overzealously enforce the law. Don't listen to the people that tell you that you should be grateful you didn't get a DUI. You weren't guilty of that either.

Perhaps in other areas but not for DUI; The burden of proof is very low and punishment is very harsh. Also, DUI officers are all seen as heroes while DUI defendants are the scum of the earth.

He should stay away from this. They may come back and charge him with DUI if he sues...
 


JIMinCA

Member
Well... that would be perfect if the DA was using his office for reprisals! The law suit gets even bigger then!!
 

grndslm

Member
Perhaps in other areas but not for DUI; The burden of proof is very low and punishment is very harsh. Also, DUI officers are all seen as heroes while DUI defendants are the scum of the earth.
Well, I could tell that the cops in my hometown charging people with public intox are lying out of their teeth more than half the time. All they have to do is administer some kind of field sobriety test, breathalyzer, blood test, or something... but they choose to do none of these. They simply cuff you upon seeing your ID and say you're going to jail.

He should stay away from this. They may come back and charge him with DUI if he sues...
If I was found not guilty of a public intoxication, how in the world could I be charged with a DUI??

I was talking to my friend about this a couple days ago, and he convinced me that I should go thru with this. I had to stay in jail for ~16 hours, because the computers were down. I had to pay for two days of towing storage fees ($275) since I couldn't get out before 5pm the next day, when I shoulda paid for zero nights (Cops here will tow your car after a few hours of getting stuck in a ditch, regardless of if you're present or not.. they're supposed to leave a note and give you a day or two, but they'd rather take your money right away). I had to wake up my mother the first night. I had to pay the $75 minimum fee for bond. My sister had to drive many, many miles to pick me up and then wait for the computers to come back up. I had to miss a day of work. I had to go to and from the courthouse twice, for arraignment and trial.

It was definitely the worst experience of my life. I had no idea that honesty could get you thrown in jail.

So, what's the best thing for me to do in terms of going thru with this? Who do I talk to in order to sue the city? It can't be the city, can it? And it would be smarter to sue the city than the officers, right? I'd really like the officers to show up to both the arraignment and the trial, but if suing the city is best... I'll do it.

So, whudda ya guys think?
 

grndslm

Member
OK... So, I guess I'm going to be suing the city of Gulfport for wrongful arrest by filing something with the Circuit Court.

Is there anything else I can add in there with wrongful arrest?? Seems like with the amount of lying the cop did in his report (all of it was bull) and the cop that wasn't there but lied under oath that he had followed me, and he personally saw me run into the ditch and then throw a "box of beer" out the window... that I could also get them for lying, which kinda goes hand in hand with the wrongful arrest, but I feel there's something more like conspiracy going on. Just the entire way my city acts... towing a friends car only 6 hours after he got stuck trying to turn around in a grass median that ended up being wet.

When I watch COPS on TV, the cop asks people going to jail if they want to call someone or have their car towed. One time I got tossed on the bench for being out with a girl a year younger than me because of curfew, and it was a block from my house... but they would not let me call my mom. Luckily, I had my cell phone on me and called on speakerphone while in the back of the Crown Vic. My mom came down there, and the cops still didn't want her to take the car... but of course they let her when she started crying. On COPS, I also saw two cops bring a father with six kids at least $50~100 worth of food. Of course, those cops could be acting differently because there's a camera on them... but I'm sure most cops don't use discretion in the same manner that Gulfport, MS cops do.

Most of you prolly think I'm crazy, but I just wanna at least make sure I have proper and reasonable charges against the city. As I have no law knowledge, wrongful arrest is the only thing I know I'd have a chance against. Conspiring a wrongful arrest?? Can you sue for just lying? Or does it have to be specific, like purgery and/or slander?

Thanks in advance.

P.S. - Sorry for the long thread. Could I have better results starting a new thread?
 

foot

Member
I'd be just as angry as you are if I was in your situation. But I wouldn't walk into court talking about how your city cops should act more like the ones you see on the TV show.
 
So, whudda ya guys think?

This phrase alone tells me you are going to lose. You had to call your mother for a $75 dollar bond. What makes you think you will have the funds required to sue the city of Gulfport? Get off it and try not drinking so much next time. How are you going to prove the cops, officers of the law with a much cleaner record than yours, are lying?
 

grndslm

Member
That phrase alone shows you that I'd lose?? Because I concatenate words when I speak, and I type like I talk?!? Wanna, gonna, shoulda, coulda are just as much part of the English language as ain't is, kind sir... and ain't is definitely in the dictionary. Welcome to the South.

I'm confused about the bond thing. How else am I supposed to get bonded out when I'm inside a jail?? I didn't have any cash on me, and I didn't know the number for a bondsman. Going to jail was a new experience for me, and I wasn't aware you could bond yourself out.

What funds would I need to sue the city of Gulfport?? It costs money to sue somebody (or some corporation) if you're representing yourself?!?

And to get the facts straight, I had just over two beers. I had tried a bit of Newcastle but thought it tasted like salt water. I had already been to a friend's house, and I went to go eat at IHOP. I ran off the road because of these new 15" rims & tires I got that didn't even compare to the 17s I had before. All four of the crappy tires that were on my car at the time blew out within 2 to 4 weeks. The alcohol had nothing to do with me running off the road, it was my careless driving [and cheap Westlake brand tires], which I admitted to the cop and the prosecutor & judge in court.

If the cops weren't lying, how did I beat a public drunk charge without the assistance of a lawyer?? How could a cop stand in front of a judge, under oath, and say he followed me, watched me spin off into a ditch, throw a box of beer out of the window, watch me get out and barely hold myself up, slur my words, kept asking the same questions over and over, etc.... when the guy never picked me to begin with. He read what the other cop had written up in the discovery, which was also bull.

The truth is that the cop that really picked me up found me walking in my neighborhood, about a mile to two miles away from the accident. Once I was honest in telling him what happened, he told me he'd help me get the car out.. so I hopped in the car with him. The only reason the cop that really picked me up had known I had been drinking is because he asked me. I answered, "Yes", under the assumption that I would need to be tested in some kinda honest fashion, and I obviously knew I was going to pass if I answered yes to that question. Then he asked me how much, and I said, "Two beers." What ticks me off is that he cherry picked what he wanted from my responses; he assumed I was being honest about drinking because I admitted to it, but that I was lying because I gave him the common two beers answer. After he took me to the car, where another cop was staring at my car, asking me why I didn't have a hood on my car... the cop that picked me up placed me in handcuffs and told me I was under arrest. I asked him about the public drunk law, if I could please take some kinda sobriety test, if I could take a DUI if I didn't pass the sobriety test, etc. But all of those were the "same question over and over" to him. I asked him how he woulda known I was drunk if I had not told him I had been drinking quite a few hours earlier... and he proceeded to say I was stumbling (how could I walk more than a mile with an omelet in my hand if I was stumbling so much?) and slurring my words (If I woulda requested that officer's video feed been saved, I would have a much better chance in court proving that I wasn't stumbling or slurring, but I didn't realize you could do such a thing at the time).

Anyway... I still think I've got a good shot at winning since I had a witness to the accident and the courtroom incident where one cop committed perjury. I think the facts of what really happened, compared to the incredibly twisted story the cops made up should gimme a decent chance of winning. I just want the money back that I talked about in a previous post... money that never shoulda came outta my pocket!!

I guess the biggest factor in me going thru with this is how much money will it really cost to sue the city? I thought you could sue anybody for free unless you wanted to pay for a lawyer.
 

tranquility

Senior Member
Anyway... I still think I've got a good shot at winning since I had a witness to the accident and the courtroom incident where one cop committed perjury. I think the facts of what really happened, compared to the incredibly twisted story the cops made up should gimme a decent chance of winning. I just want the money back that I talked about in a previous post... money that never shoulda came outta my pocket!!

I guess the biggest factor in me going thru with this is how much money will it really cost to sue the city? I thought you could sue anybody for free unless you wanted to pay for a lawyer.
You are not going to sue the city and win without an attorney. Don't waste your time if you are going to go in pro per. I'm not sure you have enough knowledge to even write up a complaint, let alone prosecute the case. If your plan is to do it yourself, find another plan.
 

Alex23

Member
Stop talking about your rims so much. No one cares what type of rims you have on your car or how big they are.

Taking on the police and the city is a big task. Are you up for it?

It's good that you can 'concatenate' words. Your are going to need to do that when you go to court.
 

>Charlotte<

Lurker
How in the heck can the same person who knows "concatenate" think "probably" is "prolly"?

But on point: grndslm, I encourage you wholeheartedly to sue. Please proceed immediately.
 

grndslm

Member
Believe me, I can write anything... provided I have an example to follow. Everybody learns from example(s). I have written a 5,000 word research paper when only 1,500 words words were required. I have also written a business plan after seeing another.

Anyway, I feel that mentioning the rims/tires is very important, because that's why I was speeding around this sharp curve since I had just bought them. That was my only opportunity to try them out at 3am, when I could see that nobody was coming around the corner. And all four tires blowing out a few weeks after this also seems relevant to me ending up in the ditch.

As for my typing, I certainly understand the difference between formal and informal writing. This forum is for informal writing, and I will always take advantage of that opportunity. Apparently, other people pronounce and type probably in the same way I do... prolly - Wiktionary

So the whole thing that's keeping me from doing this is my lack of understanding whether it really is free to sue someone, or some corporation. I am trying to spend $0.00 and not a penny more. One friend says that I'd still need to pay court costs upfront. Another friend said that if I did win, the city could come back and sue me for legal fees if I lost the case. If that's the case... I'd get a lawyer, but then I'd be forced to take more money from the city, which is not my intention. I just want to right the wrongs, and I'm not quite sure how a lawyer could represent me any better than I can represent myself.

It's the money bit that worries me most, and I don't wanna make any rash decisions.

Thanks for your help, BTW!
 

Nativity

Member
Anyway, I feel that mentioning the rims/tires is very important, because that's why I was speeding around this sharp curve since I had just bought them. That was my only opportunity to try them out at 3am, when I could see that nobody was coming around the corner. And all four tires blowing out a few weeks after this also seems relevant to me ending up in the ditch.

!

What kind of logic is that? What if you had killed your passenger? Would you have said, I'm sorry but because of my new rims I just HAD to speed up since I couldn't test them out anywhere else?
 

DWI

Junior Member
After reading your detailed question, some questions popped up in my mind actually. First u said u were charged for drinking publicly. But do u have a court case, did they arrested your friend as well? Also what was your BAC after consuming 3 beers? Do they allow you to have a public prosecutor, if not you look out for a DWI lawyer yourself to defend u.
 
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tranquility

Senior Member
You'll need court costs, the costs of court reporters for depositions, the costs of a police expert and other things paid up front. On civil rights cases, the statute will allow the winner to sue the loser for attorney fees. It is designed to encourage plaintiffs, but defendants can use it as well. (Although it is unlikely to win without the lawsuit being frivilious.)

I don't see a great, or any, case here. You would need to do and pay a lot to see if there was a chance. You would need to spend hundreds and hundreds of hours in a law library to even have a clue as to what to do in the suit. You are insane if you think you can win against the police and the city on your own.

Shop it around to attorneys if you like. If one takes it on contingency, great. Go with it. If not. Forget it.

I don't think you'll get a taker.
 

grndslm

Member
What kind of logic is that? What if you had killed your passenger? Would you have said, I'm sorry but because of my new rims I just HAD to speed up since I couldn't test them out anywhere else?
The reason I tested them out there is because I knew there were ditches on both sides of the road. In terms of safety, I knew that spot would be perfect for testing out what the rims/tires could do. Unfortunately, they don't handle anywhere near the 17s; with 17s on my Corolla, I could jerk the wheel from side to side going 90mph on the interstate while it was raining... and they would never lose traction. Those rims spoiled me, but I was losing 10mpg, so I dropped down to the 15s, but I honestly think it was mostly the crappy Westlake brand tires that all eventually blew out (just found out they're Chinese).

But anyway... I guess the moral of the story is that I learned a very expensive lesson.

And many thanks to tranquility for the comprehensive answer!!! That's exactly what I needed to know.
 

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