• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Arrested for suspended license... but it isn't.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sotn76

Junior Member
What is the name of your state (only U.S. law)? TN, GA and VA.

I am a resident of TN. Moved here last year, before that I lived in Virginia. Last Wednesday, while driving through GA, I was stopped for speeding and then arrested for driving on a suspended license. Totally shocked and surprised by this as I haven't had any previous tickets or warrants. In jail I was even told by one of the prison employees processing my intake that the judge would probably throw my whole case out due to the officer who arrested me filling out poor paperwork and lack of notary on things were notary was required. Yet, I spent 16 hours in jail, unable to make a phone call to my wife in TN because it was 'long distance', was forced to post bond, it was a nightmare.

After researching this, my driving privilege in Virginia was suspended due to unpaid personal property taxes. Looking back on my personal records, the taxes were paid. I called to verify payment of my taxes with the county I lived in and got to the bottom of the problem. Apparently, when we moved, their computer wasn't updated properly and it showed that we still owed taxes beyond our move date. The county helped to correct the issue in their system and apologized for the inconvenience. So, they are sending me the documentation to show that I should not have had my license suspended and will allow me to clear my driving records with the DMV.

Now, I have two big questions...

Since I was booked and it was made public record of my arrest, how do I clear that? I am a pastor and have worked in the church most of my adult life. Background checks are a part of my regular routine with employers, volunteer organizations, etc. It will now forever show that I was arrested in GA for a suspended license. This was a wrongful arrest due to other peoples mistakes. How do I clear this of my record?

I should get a lawyer to help me with this, right? Should I get a lawyer here in TN to represent me in GA? Who pays the lawyer? This ordeal has already cost me time and money. If I get a lawyer, they will need to be paid for their service. If I shouldn't have been arrested in the first place, why should this cost me anything??? Do I have to counter-sue? If so, who do I sue? VA? GA? Both???

Any help or advice would be extremely helpful. Thanks!
 


dave33

Senior Member
If the charges get dismissed, than you will have to check your record to see what shows up. There are a lot of variables and these recors differ from person to person state to state and situation to situation. Usually you can get the record cleared for a small sum. You should get a Ga attorney to represent you on the license charge. The mistake was made in Va. so you will have to talk to a lawyer and see if you want to persue a civil matter. There was not a false arrest since the records show you were driving illegally. Unless the lawyer in Va. takes the case and gets some satisfaction the cost of the Ga. situation will be your burden to bear. The police are not resposible for any wrongdoing in this situation it was the state of Va. Most likely it will be an unpleasant situation made worse by the expense. Suing the state for this will most likely be more trouble than it's worth, but as always consult an attorney. goodluck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top