Legal Question in Constitutional Law in Virginia

I was arrested for DIP. Yes, I was extremely drunk, but not what I consider in public. My life is upside down right now due to the economy and I let the bottle get the best of me that night, which is in no way representative of my lifestyle. Mt friend dropped me off, and my wife ripped into me for being drunk. I never drink liquor, and will probably never will again. but the bottom line was that my wife of 20 years called the police. She told the police that she felt threatened by my drunkenness. Yes, I have been known to drink to excess sometimes, but I am not a drunk and I have NEVER nor would I EVER hurt her. I am a good husband and father. I'm just going through some very tough times right now and am about ready to loose everything including my home. The police showed up and proceeded to arrest me and pulled me out of the sanctuary of own house and handcuffed me. Then, my wife started crying and begged the cop to let me go. He took the cuffs off and told me to go inside. I could hear him advising my wife to leave me. I didn't want any of this to happen and wanted my wife by my side. I walked out into the garage and asked my wife to come back inside. The cop then said he had had enough and arrested me again and put the cuffs back on in an extremely unethical manner by tightening them to their very limit. I did some research and found that he could have "double locked" them, but rest assured, it would not have done any good b/c they were as tight as they could possibly get, and rest assured, this is very painful even when you are as drunk as I was. Then he proceeded to take me to the city jail. Since when can the police drag you off your own property? I begged him to loosen the cuffs on several ocasions, which he did not, (both before he placed me in his car and many times after, which he ignored.) Once I got to the city jail, the sheriff's took off the cuffs, but by that time over 1 hour has elapsed and now my hands and several fingers are numb. It has been 10 days and no relief so far. I think he may have damaged the nerves in my hands and since I work with my hands, this has become a hardship. While I can certainly pay the fine, I do not believe that this would be in my nor the public's best interest. The cop told my wife not to worry, that she could stay home tonight and I could sleep in the drunk tank. I thought the cops were out there to protect and to serve? Not to ruin someones marriage as well as the use of their hands. Any advice? Obviously, I am well aware I should seek legal council and stay away from spirits.. I can't help but to think my forth amendment rights were violated. I'm looking for something other than that. My court date is in mid-December. I thank you in advance for your response.


Asked on 11/22/09, 12:24 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, what are the charges that you must answer for in December, only DIP and nothing else? If such is the case, you should ask the court to dismiss the DIP charge since you were apparently arrested on your own property and not in any public venue.

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Answered on 11/28/09, 1:07 pm


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