Do I have a case worth pursuing?

[mbudd2]

On August 31st, 2012 I was pulled over by a Michigan State Police Officer for not wearing a seatbelt. I admitted to not having insurance and was issue 2 tickets. One for the seatbelt and the other for no insurance. My car was impounded and I asked the officer what I had to do to get my car back. He stated that I needed to show proof of insurance. He also said I needed to call the number on the ticket to find out what I owed. Within 5 hours of the original traffic stop I had proof of insurance and my vehicle back in my possession. On September 14th, 2012 I made that phone call. The lady who answered said I owed $65 for my seatbelt ticket. I also said that I didn't have insurance at the time of the stop and asked if she showed anything relating to that and she said no. I took this as everything was settled in that matter and that I only owed $65 for my seatbelt ticket. Especially since I never received any kind of paperwork in the mail except for my seatbelt ticket. On October 22nd, 2012 I was stopped pulling into my driveway by another Michigan State Police officer He told me there was a warrant out for my arrest because of my insurance. I had the 2 tickets, proof of insurance and receipt from the towing company all with the same date of August 31st, 2012. I tried to show this information to the officer and he would not look at it. I was arrested and not allowed to go into my apartment to get my phone or lock up my purse there; I had to lock it in my car. I was only allowed to take my keys and driver's license. I am looking for some legal advice on how to handle this issue. Do I have any kind of case? I feel like I was treated very unfairly and was taken to jail when I did everything that was asked of me.

 

[Antigone*]

On August 31st, 2012 I was pulled over by a Michigan State Police Officer for not wearing a seatbelt. I admitted to not having insurance and was issue 2 tickets. One for the seatbelt and the other for no insurance. My car was impounded and I asked the officer what I had to do to get my car back. He stated that I needed to show proof of insurance. He also said I needed to call the number on the ticket to find out what I owed. Within 5 hours of the original traffic stop I had proof of insurance and my vehicle back in my possession. On September 14th, 2012 I made that phone call. The lady who answered said I owed $65 for my seatbelt ticket. I also said that I didn't have insurance at the time of the stop and asked if she showed anything relating to that and she said no. I took this as everything was settled in that matter and that I only owed $65 for my seatbelt ticket. Especially since I never received any kind of paperwork in the mail except for my seatbelt ticket. On October 22nd, 2012 I was stopped pulling into my driveway by another Michigan State Police officer He told me there was a warrant out for my arrest because of my insurance. I had the 2 tickets, proof of insurance and receipt from the towing company all with the same date of August 31st, 2012. I tried to show this information to the officer and he would not look at it. I was arrested and not allowed to go into my apartment to get my phone or lock up my purse there; I had to lock it in my car. I was only allowed to take my keys and driver's license. I am looking for some legal advice on how to handle this issue. Do I have any kind of case? I feel like I was treated very unfairly and was taken to jail when I did everything that was asked of me.

Not everything... But for your negligence, none of this would have happened.

 

[mbudd2]

Not everything... But for your negligence, none of this would have happened.

How is it negligence if the steps the cop stated to me were:
1. Get proof of insurance
2. Show to towing comany and get vehicle back
3. Call the court house to find out what I owe

I did all 3 of these things. The 1st two on the same day as the original stop. When I called the court house they showed no record of my no insurance ticket... SO how is that negligence? I also never received any kind of paperwork regarding that issue. The only paperwork I received was stating that I owed for the seatbelt ticket.

 

[Zigner]

You didn't follow up. You KNOW you got a seatbelt ticket. Upon hearing there was no record of it, you needed to dig deeper, not just wipe your brow and say "Phew"

 

[OHRoadwarrior]

How is it negligence if the steps the cop stated to me were:
1. Get proof of insurance
2. Show to towing comany and get vehicle back
3. Call the court house to find out what I owe

I did all 3 of these things. The 1st two on the same day as the original stop. When I called the court house they showed no record of my no insurance ticket... SO how is that negligence? I also never received any kind of paperwork regarding that issue. The only paperwork I received was stating that I owed for the seatbelt ticket.

Let me revise this for you.

1.Get proof of insurance.
2.Show to tow company and get vehicle back.
3. Call court find out what I owe for seatbelt ticket, pay as it does not require appearance and I am not contesting.
4. Appear in court on failure to show proof of insurance ticket and resolve legally.

Oops!!! Number 4 is where you got into trouble.

 

[Zigner]

Because I can sense it coming.

OP, you're right, you did everything possible and those boobs at the court are the one that messed this up for you! Sue them for a ga-ba-zillion dollars!





Disclaimer: The above was sarcasm because I know the OP wants answers she wants to hear, not accurate ones.

 

[mbudd2]

Let me revise this for you.

1.Get proof of insurance.
2.Show to tow company and get vehicle back.
3. Call court find out what I owe for seatbelt ticket, pay as it does not require appearance and I am not contesting.
4. Appear in court on failure to show proof of insurance ticket and resolve legally.

Oops!!! Number 4 is where you got into trouble.

Kind of hard to do number 4 when I am not notified of any kind of court date.
No court date is listed on the ticket. No information in the mail.

 

[Antigone*]

Kind of hard to do number 4 when I am not notified of any kind of court date.
No court date is listed on the ticket. No information in the mail.

Read the post just above. Your answer is right there

This is the only possible answer for OPs that do not admit their own actions got them into this trouble to begin with.

Question: Is your address current on your drivers' license?

 

[Zigner]

Kind of hard to do number 4 when I am not notified of any kind of court date.
No court date is listed on the ticket. No information in the mail.

See?

 

[OHRoadwarrior]

Kind of hard to do number 4 when I am not notified of any kind of court date.
No court date is listed on the ticket. No information in the mail.

You are supposed to follow up with the court once they process the ticket and establish your court date. You called too fast and did not follow up.

 

[tranquility]

On October 22nd, 2012 I was stopped pulling into my driveway by another Michigan State Police officer He told me there was a warrant out for my arrest because of my insurance.

Your second arrest was legal. The officer must obey an order from the court to arrest you unless it is obviously wrong. This one, from your facts, was not.

Now, as to if a warrant should have been issued, um, yes. But, even if it was issued in error, you would not have a suit against the courts.

1. The original cop acted correctly.
2. The court may or may not have made a mistake. I think not, but, let's pretend it did. You don't have a cause of action against the court.
3. The cop who arrested you acted correctly.

No, you don't have a case worth pursuing.

 

[mbudd2]

Because I can sense it coming.

OP, you're right, you did everything possible and those boobs at the court are the one that messed this up for you! Sue them for a ga-ba-zillion dollars!





Disclaimer: The above was sarcasm because I know the OP wants answers she wants to hear, not accurate ones.

I don't need the sarcasm. I was asking for an opinion. This is the first time I have ever been in a situation like this. Considering I asked the original officer who pulled me over exactly what I had to do and he never stated that I needed to call him and tell him I got my insurance.

And why after 2 weeks of me being pulled over did my insurance ticket not show up in the system? Seems to me if I was supposed to call and didn't it would have definately been there...

 

[mbudd2]

You are supposed to follow up with the court once they process the ticket and establish your court date. You called too fast and did not follow up.

the ticket says to call within 3 -14 days.. I called on the 14th day...

 

[Antigone*]

I don't need the sarcasm. I was asking for an opinion. This is the first time I have ever been in a situation like this. Considering I asked the original officer who pulled me over exactly what I had to do and he never stated that I needed to call him and tell him I got my insurance.

And why after 2 weeks of me being pulled over did my insurance ticket not show up in the system? Seems to me if I was supposed to call and didn't it would have definately been there...

When you pay for legal advice, you can demand from the attorney or his representative that he leave the sarcasam at the door. Since you didn't pay for the correct advice and "opinion" that you received, the method of delivery is on us.

 

[mbudd2]

Read the post just above. Your answer is right there

This is the only possible answer for OPs that do not admit their own actions got them into this trouble to begin with.

Question: Is your address current on your drivers' license?

Yes my address is current and I received my notification on what I owed for the seatbelt ticket.