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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-16-2009, 07:37 AM
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false arrest


I live in South Carolina. I travel six days a week to Georgia for my job. Last night, I was pulled over for what the officer says is failure to maintain lane. I never crossed a line, but that's not really the story, just reason stopped.

So after running my liscense, he proceeds to inform me that i'm driving under a suspended liscense. I explain that I drive one hundred and fifty miles a day and that he is mistaken but.... So he handcuffs me and proceeds to take me to jail. No rights were read.

I should note my work partner was in the car as well. They informed him he also had a suspended liscence. So they towed my car. He was allowed a ride to police department but not arrested since he wasnt driving.

So they lock me in my holding cell. Couple hours later they book me, then proceed to throw me back into cell without really keeping me informed of anything going on. No phone call was offered whatsoever.

My partner is calling the SC DMV and they're showing both of our liscenses are fine. He tells the Georgia police to no avail. They issue me a bond. I was not made aware. Finally SC faxes the papers saying we do in fact have a liscense and that they're fine. So a total of five hours in jail for absolutely false charges. I wasn't able to finish my work for the day. I lost money for that, still waiting to see if we lose our jobs because of it.

Instead of an apology, they write me a one hundred dollar fine for failure to maintain lane and issue me a court date. They inform me that I have to pay to get my car out of impound, even though it was towed under false pretenses and in no way our fault.

So I'm sitting here feeling completely victimized. I could possibly lose my job, and definately lost work money from the ordeal. Have a court date to pay one hundred dollar ticket. and had to pay one hundred dollars to get my car back.

Is there anything I can do? I don't think any of that is justice.
  #2  
Old 02-16-2009, 08:18 AM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,501
Quote:
Originally Posted by hatedregret View Post
So after running my liscense, he proceeds to inform me that i'm driving under a suspended liscense. I explain that I drive one hundred and fifty miles a day and that he is mistaken but.... So he handcuffs me and proceeds to take me to jail. No rights were read.
No requirement to read 'rights'.

Quote:
So they lock me in my holding cell. Couple hours later they book me, then proceed to throw me back into cell without really keeping me informed of anything going on. No phone call was offered whatsoever.
No requirement to keep you 'informed'. Phone call should have been offered or you should have requested.

Quote:
My partner is calling the SC DMV and they're showing both of our liscenses are fine. He tells the Georgia police to no avail.
His 'word' on the issue is not relevant.

Quote:
They issue me a bond. I was not made aware.
Aware of what??

Quote:
Finally SC faxes the papers saying we do in fact have a liscense and that they're fine. So a total of five hours in jail for absolutely false charges.
Sorry, but they were NOT 'false charges'. The arresting agency (presumably) had an indication that your license was suspended... and presumably that information was in error.

Quote:
Instead of an apology, they write me a one hundred dollar fine for failure to maintain lane and issue me a court date. They inform me that I have to pay to get my car out of impound, even though it was towed under false pretenses and in no way our fault.
no 'false pretense' at all. See above.

Quote:
So I'm sitting here feeling completely victimized. I could possibly lose my job, and definately lost work money from the ordeal. Have a court date to pay one hundred dollar ticket. and had to pay one hundred dollars to get my car back.

Is there anything I can do?
Yep. Three things:
1) Pay ticket, pay impound.
2) Learn to stay in one-lane while driving.
3) Contact Georgia and SC DMV officials and make sure that your record is clean. Try to find out (if possible) how the records were in error.

Quote:
I don't think any of that is justice.
Why not?? You broke the traffic laws, got ticket. You have every right to present your defense to the citation to the court. THAT is 'justice'.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 02-16-2009, 09:36 AM
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Georgia is suffering the same kind of economic effects as the rest of us, and their officers are trying to justify their jobs, too. Sometimes this results in actions that are undesirable and unfortunate. I wish the police were perfect, too, (as well as their information devices).
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