I believe I was racially targeted during a DUI stop by the LA Police; what can I do about this?
Last Thursday night, after leaving a quiet dinner with friends, I got into a minor auto accident in Los Angeles. Although the damage was minimal and no one was hurt, an LAPD officer arrived at the scene. Even though I showed no signs of intoxication and passed all the sobriety tests, the officer seemed fixated on my ethnicity and made several inappropriate comments. I felt that he had prejudged me based on my race. They eventually arrested me for DUI, which was shocking. I've never faced something like this before and feel lost. Which type of lawyer should I be looking for? How can I compare lawyers in my area to ensure I get the best representation? And what kind of costs am I looking at?
Commonly posed questions include...
Legal Solution
The response provided below is specific to dui & dwi attorneys in the jurisdiction of Los Angeles. If the response is inadequate, please submit a detailed inquiry.
Analyzing The Legal Context
Racial profiling or any form of discrimination by law enforcement is a serious concern and can violate various constitutional rights. Your experience after a minor auto accident in LA, being unfairly targeted for a DUI due to your ethnicity, is not just an emotional ordeal but can also have legal implications.
Pertinent Legal Provisions
- Fourth Amendment: Protects citizens from unreasonable searches and seizures.
- Fourteenth Amendment: Guarantees equal protection under the law.
For a comprehensive understanding of the laws and provisions in California that relate to your situation, you might want to visit the California State Government's official website.
Possible Solutions
- Gathering Evidence: Document any proof of discrimination. This could be in the form of eyewitness accounts, video footage, or other relevant evidence that showcases biased behavior.
- Hire a DUI & DWI Lawyer: Find the right lawyer who specializes in DUI cases and has experience handling cases of racial profiling. Websites like explorelawyers.com can be a good resource.
- File a Complaint: Along with your legal case, consider filing a complaint against the officer or the police department for their discriminatory behavior.
Legal Costs in Los Angeles
Service | Average Cost in Los Angeles |
---|---|
Initial Consultation with a DUI Attorney | $150 - $500 |
Representation in Court | $1,500 - $7,500 |
Expert Witnesses (if needed) | $2,000 - $7,000 |
Miscellaneous Costs (transcripts, reports) | $500 - $2,000 |
Note: It's essential to understand that legal costs can vary greatly depending on the complexity of the case, the reputation of the lawyer, and other related factors.
Additional Clarification
Could you provide more details on the nature of the comments made by the officer? Were there any witnesses during this stop?
Consider taking action immediately. Delays can negatively impact your case.
Relevant Questions
- Were there any cameras at the scene which might have captured the incident?
- Did you undergo any chemical tests, like a breathalyzer or blood test?
- Were any field sobriety tests conducted at the scene?
Q1: What constitutes racial profiling?
Racial profiling refers to the discriminatory practice where law enforcement officials base their actions on an individual's race, ethnicity, or national origin, rather than on evidence of criminal activity.
Q2: Can I sue the police department for discrimination?
Yes, victims of racial profiling or other forms of discrimination by law enforcement officers can potentially sue the police department or the individual officer for damages.
Q3: How can I prove racial discrimination in my case?
Proving racial discrimination often requires a combination of direct evidence, like derogatory comments, and circumstantial evidence, like patterns of behavior or inconsistencies in the officer's story.
Q4: How long do I have to file a complaint against the police?
In California, the statute of limitations for filing a complaint against the police for misconduct is typically six months. It's essential to act promptly.
Q5: Are there organizations that can help me if I can't afford a lawyer?
Yes, there are various non-profit organizations and legal aid services in Los Angeles that assist individuals who believe they've been victims of racial profiling or other forms of police misconduct.