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arrested twice for alleged driver license being suspended while license are not suspe

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broadcw

Junior Member
What is the name of your state? Texas

What, if any, would be recourse on a false charge of this sort. Also vehicle being impounded resulting in extensive costs to retrieve, being cursed out by arresting officer, not being read rights, being doubled-housed in single man cells, not being afforded a single hot meal a day, which to my understanding is a jail requirement.
 


rmet4nzkx

Senior Member
broadcw said:
What is the name of your state? Texas

What, if any, would be recourse on a false charge of this sort. Also vehicle being impounded resulting in extensive costs to retrieve, being cursed out by arresting officer, not being read rights, being doubled-housed in single man cells, not being afforded a single hot meal a day, which to my understanding is a jail requirement.
Perhaps you didn't know your license was suspended? It will come out at trial.
As you know Texas has assisted with recovery from Hurricane's Katrina and Rita, that or other factors may have lead to jail over crowding. Was your cellmate's name, Bubba? Is this why you don't want a background check?
 

Kane

Member
Police go by DPS records to determine whether somebody's license is suspended.

It's certainly possible for DPS to make a mistake, but it's more often the case that somebody didn't know his license was suspended (or else thinks it shouldn't have been.)

It's difficult to sue the government or its agents (the police).

If you want to sue somebody (including the police) you need to talk to a civil attorney. Or post in one of the civil forums.

If you want to avoid getting arrested again, you need to go to DPS and clear up the problem - whatever it is.
 

Two Bit

Member
If the state's computer showed that you were suspended, whether it was supposed to be or not, the officer's actions in arresting your were reasoable. In fact, he had a duty to do so.

There is no need for an arresting officer to read you any rights when you are arrested. Miranda rights only apply when you are in custody AND an officer wants to question you about a crime.

I suppose you could complain about him cursing you out to his agency. I wouldn't expect a lot to happen unless it was recorded and/or he's a disciplein case.

None of these issues appear to be an issue that you could claim any damages for.
 

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