Legal Question in Civil Rights Law in New York

unjustified incarcaration as well as unjustified high bail

I was stopped 1/2 mile from where my friends car was stuck on the highway. She ran out of gas and was walking to a gas station to get gas. There was a call to the tropper that the car was weaving. They arrested me for DWI even though I was not driving. My friends husband picked her up and she left me there. I was very upset because the police were not telling the truth on the police report. I asked them why they were lying and they said ''cause they can''. I got extremly angry and cursed. At that very moment a Judge walked into the room. Dressed in jeans and within 60 seconds complained about being taken away from his favorite show-- dead wood. At this point he stated ''she's going to jail, 10,000.00 bail or 25,000.00 bond''. Then walked out.

I have never been charged with a DWI or a felony. The situation was unbelievably out of control. please advise me if my rights have been violated. Thank you


Asked on 5/12/05, 6:38 pm

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Under color of Law

If its true unfortunately you goy stuck with some cops with an attitude, who definately exist.

Often, you can't do anything because it will only get you into more trouble but here it sounds as if your friend's husband shouldn't have driven off and left you alone---but do I understand he was driving your car and they stopped him 1/2 mile before where she was out of gas, you in passenger seat, and arrested you?

Why ? Even if you were drunk, you weren't driving. Unless you drove there separately, and then they wanted you to take a breathalyzer and you refused?

If these things didn't happen, then if you fall into a minority you may have action against the State or city for the cops behavior.

Under 42 USC 1983 a police officer who violates the rights of a person while acting under color of law ("because they can") renders them potentially liable.

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Answered on 5/17/05, 1:50 pm
Stephen Loeb Law Office of Stephen R. Loeb

Re: unjustified incarcaration as well as unjustified high bail

Is this for real? It sounds like a bad episode of NYPD Blue. If this really happened to you, you may be able to make a claim that your civil rights were violated, should you like to further explore the issue I'd like to talk to you.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultations with a lawyer in our office.

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Answered on 5/13/05, 6:10 am


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