Wrongful DUI arrest
In December 2008 my husband was arrested for a DUI in Clearwater, FL. He was terminated from his job due to the arrest and we also had to pay over 6k for a lawyer. There was a evidence hearing set for March 16th but today we received a letter stating the arresting officer was under investigation by internal affairs and upon review his arrest they determined it was a wrongful arrest. Are we able to sue the city to try to recoup the loss of wages (over $7 lost from getting fired due to arrest) and the money for the lawyer and possibly more for defamation of character (when he was terminated everyone at the company knew it was for a DUI)?
2 Answers from Attorneys
Re: Wrongful DUI arrest
It is hard to give you a definitive answer without more information. I would be happy to discuss the potential causes of action you may have. Please feel free to contact me at your convenience. There is no charge for an initial consultation.
Re: Wrongful DUI arrest
It sounds like you have the basis for a lawsuit for false arrest. While damages under such a suit do not include attorney's fees for the underlying criminal case (under the theory that the State actually prosecuted him), your husband's damages would include his lost wages, the value of having lost his job, and any damages to his reputation. Because it would be a suit against a government agency, there is a cap on his damages, and certain procedures that must be followed to pursue such a lawsuit. I am familiar with these type of actions and have actually tried this type of suit before a jury. Attorney's fees are limited to 25% of the recovery. Please contact me for an appointment.
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