If a 60 year-old was wrongfully jailed for DUI, when in fact they actually suffered2 strokes while driving, can they get any compensation for bail/car impound fees?

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If a 60 year-old was wrongfully jailed for DUI, when in fact they actually suffered2 strokes while driving, can they get any compensation for bail/car impound fees?

My husband was wrongfully arrested, jailed for DUI (BAC=0.00) 07/25/08. No drugs/alcohol found in his work van or on his person, but he failed the field sobriety test due to having the two strokes/loss of balance, coordination, and his speech was incoherent nonsense (stroke aphasia). We had to hire a DUI criminal defense attorney (who waived his fees) to fight this travesty of justice. We had to pay bail and car impound fees, plus he was wrongfully in jail for over seven hours. Any compensation for this?

Asked on February 14, 2011 under Criminal Law, Idaho

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Go and see a personal injury attorney as soon as you possibly can.  The police put your Husband on grave danger by ignoring - or just not knowing - the symptoms of a stroke.  The fact that they mistook it for being intoxicated is a travesty of justice.  And when his BAC registered as 0 a light bulb should have gone off.  I would not only seek damages (I a sure that your husband's recovery was in some way hampered because of their failure to get him to a hospital) I would file a complaint as to the officers and I would make the biggest public stink that your police force does not know the difference in an emergency situation that could mean life or death to its citizens.  Good luck to you.


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