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10-12-2006, 09:57 AM
| | Junior Member | | Join Date: Jun 2005
Posts: 14
| | | A night I shouldn't have been in jail.
What is the name of your state? OK
I was pulled over for speeding on May 21, 2006 in Oklahoma City. I did not have my insurance verification on me so I had to take proof of insurance to the municipal courthouse to get that ticket waived within in 24 hours. I did so and they gave me a reciept. I paid the speeding ticket about a month later, before my court date.
As far as I knew, everything regarding those tickets had been taken care of.
On October 10, 2006 I went to Midwest City's municipal court counter to pay a seatbelt ticket. They detained me and told me to wait for 2 Oklahoma City marshals. I was then informed that I had missed a court date for failure to provide insurance verification from the may 21st incident. I pleaded with the marshals and eventually they found that my paper work had been misfiled and they said that when I provided proof of insurance on may 22nd that it was invalid. I was then escorted to the Oklahoma County jail, where I spent the most agonizing 12 hours of my life.
The first thing I did when I got out was call my insurance company. They confirmed that my insurance was valid when I got pulled over and also when I brought it to the ticket counter the day after I got the ticket.
I did everything right, aside from speeding, and I spent a night in jail due to somebody's mistake. Now I owe my family money for bonding me out and I have a court date on 12-5-06. I'm confidant the judge will overturn these charges and I won't have to pay the trumped up tickets, at least I hope so.
Do I have a case against Oklahoma City? I feel a night in jail fits the bill for pain and suffering and I'm out of pocket the money for the bondsman. What should I do from here? |
10-12-2006, 10:10 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote:
Originally Posted by wrenjosh  What is the name of your state? OK
I was pulled over for speeding on May 21, 2006 in Oklahoma City. I did not have my insurance verification on me so I had to take proof of insurance to the municipal courthouse to get that ticket waived within in 24 hours. I did so and they gave me a reciept. I paid the speeding ticket about a month later, before my court date.
As far as I knew, everything regarding those tickets had been taken care of.
On October 10, 2006 I went to Midwest City's municipal court counter to pay a seatbelt ticket. They detained me and told me to wait for 2 Oklahoma City marshals. I was then informed that I had missed a court date for failure to provide insurance verification from the may 21st incident. I pleaded with the marshals and eventually they found that my paper work had been misfiled and they said that when I provided proof of insurance on may 22nd that it was invalid. I was then escorted to the Oklahoma County jail, where I spent the most agonizing 12 hours of my life.
The first thing I did when I got out was call my insurance company. They confirmed that my insurance was valid when I got pulled over and also when I brought it to the ticket counter the day after I got the ticket.
I did everything right, aside from speeding, and I spent a night in jail due to somebody's mistake. Now I owe my family money for bonding me out and I have a court date on 12-5-06. I'm confidant the judge will overturn these charges and I won't have to pay the trumped up tickets, at least I hope so.
Do I have a case against Oklahoma City? I feel a night in jail fits the bill for pain and suffering and I'm out of pocket the money for the bondsman. What should I do from here? | No you do not have any sort of case against the city or the officers. Mistakes happen and if that's what indeed did happen, then so be it. what you should do from here on is slow down. Then you won't find yourself in these situations.
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Just because I'm a miserable human being doesn't mean I'm not right... |
10-12-2006, 10:17 AM
| | Senior Member | | Join Date: Oct 2005 Location: Tennessee
Posts: 3,784
| | Quote:
Originally Posted by BelizeBreeze No you do not have any sort of case against the city or the officers. Mistakes happen and if that's what indeed did happen, then so be it. what you should do from here on is slow down. Then you won't find yourself in these situations. | And buckle up. The life you save may be your own. |
10-12-2006, 10:19 AM
| | Senior Member | | Join Date: Oct 2005 Location: Tennessee
Posts: 3,784
| | 
Quote:
Originally Posted by wrenjosh What is the name of your state? OK
I was pulled over for speeding on May 21, 2006 in Oklahoma City. I did not have my insurance verification on me so I had to take proof of insurance to the municipal courthouse to get that ticket waived within in 24 hours. I did so and they gave me a reciept. I paid the speeding ticket about a month later, before my court date.
As far as I knew, everything regarding those tickets had been taken care of.
On October 10, 2006 I went to Midwest City's municipal court counter to pay a seatbelt ticket. They detained me and told me to wait for 2 Oklahoma City marshals. I was then informed that I had missed a court date for failure to provide insurance verification from the may 21st incident. I pleaded with the marshals and eventually they found that my paper work had been misfiled and they said that when I provided proof of insurance on may 22nd that it was invalid. I was then escorted to the Oklahoma County jail, where I spent the most agonizing 12 hours of my life.
The first thing I did when I got out was call my insurance company. They confirmed that my insurance was valid when I got pulled over and also when I brought it to the ticket counter the day after I got the ticket.
I did everything right, aside from speeding, and I spent a night in jail due to somebody's mistake. Now I owe my family money for bonding me out and I have a court date on 12-5-06. I'm confidant the judge will overturn these charges and I won't have to pay the trumped up tickets, at least I hope so.
Do I have a case against Oklahoma City? I feel a night in jail fits the bill for pain and suffering and I'm out of pocket the money for the bondsman. What should I do from here? | Only if you spent that nite with Bubba
 |
10-12-2006, 10:19 AM
| | Junior Member | | Join Date: Jun 2005
Posts: 14
| | | Even still I don't think I should be out the $250 for the bond. |
10-12-2006, 11:07 AM
| | Junior Member | | Join Date: Jun 2005
Posts: 14
| | | I just spoke with the Oklahoma county courthouse and got some clarification. The reason they said my insurance was invalid was because they say it had the wrong car on it. I immediatly called geico who confirmed that the verification I printed out on 5-22-06 to show the municipal court was indeed for the right car. They told me to come on up and show the judge, but they told me I was probably going to have to pay court costs and I wouldn't get any refund for my bondsman's fee.
I seriously want to sue them. This has been the most frustrating experience of my life. I can prove that I was in jail because of a clerical error and I still might have to be responsible for court costs? Am I the only one that thinks this is crazy? |
10-12-2006, 11:10 AM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote:
Originally Posted by wrenjosh I just spoke with the Oklahoma county courthouse and got some clarification. The reason they said my insurance was invalid was because they say it had the wrong car on it. I immediatly called geico who confirmed that the verification I printed out on 5-22-06 to show the municipal court was indeed for the right car. They told me to come on up and show the judge, but they told me I was probably going to have to pay court costs and I wouldn't get any refund for my bondsman's fee.
I seriously want to sue them. This has been the most frustrating experience of my life. I can prove that I was in jail because of a clerical error and I still might have to be responsible for court costs? Am I the only one that thinks this is crazy? | Then sue them. And come back with your tail between your legs and HONESTLY tell us what happens. You have NOTHING. is that clear enough?
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Just because I'm a miserable human being doesn't mean I'm not right... |
10-12-2006, 11:32 AM
| | Junior Member | | Join Date: Jun 2005
Posts: 14
| | Did you read my post? I have proof that my insurance was valid and for the right car. I have the insurance verification that I showed them on that day that they claim was not for the right car. I also have a photocopy waiting for me at the clerk's desk of my driver's liscence and insurance verification showing the correct model car from 5/21/2006. HOW DO I HAVE NOTHING? Be more specific please. I followed directions they gave me and I don't feel they should hold me responsible for any fees pertaining to this and I feel I should be compensated for my bondsman and the night I spent in jail. |
10-12-2006, 02:02 PM
| | Senior Member | | Join Date: Jun 2004 Location: "Harvey and Me"
Posts: 25,177
| | Quote:
Originally Posted by wrenjosh Did you read my post? I have proof that my insurance was valid and for the right car. I have the insurance verification that I showed them on that day that they claim was not for the right car. I also have a photocopy waiting for me at the clerk's desk of my driver's liscence and insurance verification showing the correct model car from 5/21/2006. HOW DO I HAVE NOTHING? Be more specific please. I followed directions they gave me and I don't feel they should hold me responsible for any fees pertaining to this and I feel I should be compensated for my bondsman and the night I spent in jail. | O.K. now show this forum where you can prove INTENT on the part of any party to your frivilous suit. Go speak with a local attorney. You are looking for an answer that will not be provided here but maybe Sleezy Sal who has an ambulance emblazoned on his calling card will take the case.
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Just because I'm a miserable human being doesn't mean I'm not right... |
10-12-2006, 02:16 PM
| | Senior Member | | Join Date: Nov 2005 Location: Alabama
Posts: 2,106
| | Quote:
Originally Posted by wrenjosh Did you read my post? I have proof that my insurance was valid and for the right car. I have the insurance verification that I showed them on that day that they claim was not for the right car. I also have a photocopy waiting for me at the clerk's desk of my driver's liscence and insurance verification showing the correct model car from 5/21/2006. HOW DO I HAVE NOTHING? Be more specific please. I followed directions they gave me and I don't feel they should hold me responsible for any fees pertaining to this and I feel I should be compensated for my bondsman and the night I spent in jail. |
They made a mistake and did not willfully or knowingly violate your civil rights- Therefore their conduct is immune from suit. You won't get past the motion to dismiss your complaint. |
10-12-2006, 11:34 PM
| | Senior Member | | Join Date: Oct 2001 Location: california
Posts: 7,789
| | | When you do go to court and explain what happened ask the judge if he can order your court costs refunded to you. However, that won't get you the fee you paid to the bail bond agency. It's better than nothing.
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Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
|
10-13-2006, 08:35 AM
| | Senior Member | | Join Date: Mar 2006
Posts: 6,673
| | | I don't think there is a chance for any suit either, but the reasons are practical and not legal. I'm not positive qualified immunity would apply. QI is to provide a defense in discretionary functions of government officials--not ministerial ones. While this may be covered under a different immunity for the court's function, I don't know enough about that to say anything without looking it up. | |
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