False Arrest?

[mvwaller]

What is the name of your state? georgia.
My daughter was stopped for an expired tag (15 days) and arrested for driving with a suspended license. The state computer system was in error, indicating that her license had been suspended over a year earlier. My daughter informed the arresting officer of the error at the time of her arrest. She requested that the officer verify this with the police department of a neighboring town where the original incident occured. The officer refused and took my daughter to jail. At the jail she again requested that they contact the other police department, to clear up the matter. Again, she was refused and she had to secure a bail-bondsman to be released. Subsequently, she had to obtain notarized copies of records showing proof of her claim and deliver them to the arresting police department. However, she was still required to make two separate court appearances where the judge finally dismissed the charges. Is there any basis for a civil action to recover damages for the distress and lost time from her job during this ordeal? A simple courtesy call from one police agency to another would have precluded the entire incident.

 

[oberauerdorf]

Is there any basis for a civil action to recover damages for the distress and lost time from her job during this ordeal? A simple courtesy call from one police agency to another would have precluded the entire incident.

You have no basis for a civil suit.

It was your daughter's responsibility to take care of this matter when it happened, not wait for one year and be caught driving with an expired tag.

And it is not the police department's responsibility to do her job for her. The time to have handled this was when the original charges that resulted in the suspension occurred.

 

[mvwaller]

To clarify, my daughter did clear up the original incident the same day, by returning to the police department with her "current" insurance card. However, the original documents were forwarded to the state in error. This is what led to the computer error listing her license as suspended. This was definetely not her fault and this was the situation that could have been easily reconciled by a simple phone call. To add insult to injury, even though my daughter produced notarized copies of the paperwork, proving that she was inocent, the police department in question still insisted that she make two court appearances to plead her case.

The incident that led to all this was a routine stop because her car tag had expire a few days earlier and she did not remember to have it renewed. I dare say this is fairly common and she had no argument that she was in the wrong and should ahve attended to this.

 

[oberauerdorf]

And the moment the police report was filed the police had no other option. The case was now the property of the District Attorney's office.

I guess next time your daughter won't 'forget' her expired tags.

 

[mvwaller]

And the moment the police report was filed the police had no other option. The case was now the property of the District Attorney's office.

I guess next time your daughter won't 'forget' her expired tags.

Actually, it was handled in the municipal traffic court, and on the first court date, the judge openly stated that he was aware of the case and would take care of it right then. However, when my daughter stepped back from the bench, a police official approached the judge for a quiet discussion. A few minutes later the bailif deliver a second court summons to my daughter. The whole incident stinks of small town politics and good-ole-boy protectionism.

The only party involved showing any sense of reason was the police department that issued the original citation. They quickly apologized for any inconvenience and offered whatever help they could be, including a phone call to the second police department to explain the error. However, as previously stated the second police department did not want to be confused by the facts. Their minds were already made up, and they weren't about to admit that maybe they made a mistake.

It seems very sad that anyone should be subjected to this uncaring attitude and lack of reason over an obvious mistake on the part of those sworn to "serve" and protect. I personally do not want any more of this type of public service.