How to recover money lost from a dropped DUI case?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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