How to recover money lost from a dropped DUI case?
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How to recover money lost from a dropped DUI case?
Suppression hearing ruled in my favor that there was not probable cause for a police officer to walk up on my car simply for it running in a driveway then charge me with DUI. All subsequent charges were dismissed because of some fruits of the poisonous tree. I am out over 10,000 in costs from having a portable breathalyzer, attorney costs, impound fees, bond fees and transportation costs via Uber to get back and forth to work and the grocery store, etc. Is there any way to recoup something back from all that even if it’s just half of what I lost?
Asked on June 16, 2018 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You would have to sue the police and prove not just errors or sloppy police work, but actual intentional wrongdoing in order to recover compensation. Because society could not afford to pay out money every time the police (or prosecutors, etc.)--who are human, after all--make a mistake, the law insulates them from liabilty unless they did something wholly beyond the pale. Simply getting it wrong will not result in liability to them or compensation for you.
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