driving on revoked charge....two days after it allegedly took place

[problemsintn]

What is the name of your state? Tennessee

Hello,

My name is John
I was arrested on dui charges in august of 2006, admittedly i was guilty and
feel remorseful. I went through the entire process our state has for
working your way back towards having the privelage to drive on the taxpayers
roads again and am proud to say that im now able to drive again. (for the moment)

About two months before i was scheduled to retain a regular driver
license again, i was arrested for driving on revoked drivers license and given a
court date with my county as well as with the tennessee department of safety
since my vehicle was seized.

Why am i complaining you ask? Well , I am complaining because the officer
that arrested me was very rude first of all, he waited until i was at work with a store full of customers on purpose and i have a witness to attest that HE ACTUALLY TOLD HIM THAT because he thought he was just a customer when he came in with the warrant.He also whispered rude remarks in my ear as i was being arrested like "that car is mine now boy"- secondly because i was arrested for
driving on a sunday (which was out of my restrictive driving limits) BUT i was
actually arrested on a tuesday two days later by a sheriffs deputy that was supposedly off duty at the time he supposedly witnessed me driving. He claims to have seen ME driving a car that the seats are so low in i can barely see over the steering wheel, from his own yard which has to be at the least 50 ft off the road.

The officer claims to have witnessed me driving on that sunday, yet if he infact
did see me driving one would think he would have pulled the vehicle over to be
certain it was me! Even if he was NOT on duty at the time he should have at
least called it in and had a fellow officer pull this car over. One would think this would be enough to convince a judge he is full of it, but around this area it greatly depends on who you know as the wether your word is taken serious or not. I mean this guy didnt read me my rights until AFTER he had QUESTIONED ME about the incident he claims on the warrant he WITNESSED**************..makes me wonder why he had to question me if he really witnessed it?

But no , he apparently did not call it in to another on duty officer since i was not arrested until days later ,yet im most likely going to be stuck
paying fines, possibly sitting in jail even longer if this case pans out the way
he would like it AND on top of this i will lose my license for two more years
and lose my car that was the only source of transportation for me and my two children and two stepchildren. (i have since got engaged)


Here , the story will start to make more sense to some people. The thing that really puts it over the edge is that this sheriffs deputy is a
friend of a guy who also works on the same department, at which point i had just
broken up with the friends (of the deputy that arrested me)childs mother.It was not a good break up, she used her friends for everything including getting back at me but i may have a hard time proving this! This is abuse of power,he couldnt stand
me. The two were never married, but still talked as friends. Im sure he devised this plan but got his
friend on the force to actually follow it through because he knows i would have
screamed malicious prosecution very quick, and stood a good chance to win.

HERE is the basic mind set of the young police around here. Its basically this type of situation -hey, i can arrest anyone i want because
im a sheriffs deputy and i will swear in court you were driving when you werent
supposed to be and theres nothing you the citizen can do about it.

I challenge the state of tennessee to prove i was in fact driving that car that
he apparently claims was mine, video, picture, something? NO theres nothing but
an errogant deputies word.

I work hard seven days a
week to pay my taxes to this state to take care of the less fortunate.Im a small business owner and have no criminal record besides the DUI almost 1 1/2 years ago. Yet im
being prosecuted over an offense that fails to show evidence that it ever occured, and still yet drug dealers can
carry pounds of marijuana in thier vehicles and get their vehicles right back according to our state law.
its complete non-sense.

Trying to get this heard in a
fair way is a joke around here, being that im basically going up against the county. I appreciate you taking the
time to read this, im really in a bad situation. Any advice is welcome! i hired an attorney but to be honest he didnt even know that you cannot have a DOS case dismissed on the agreement that i would pay fines etc. so i dont see him doing me too much good. Funny because he was voted attorney of the year like two years in a row around this area.

respectfully,

John

[FlyingRon]

If you don't believe he treated you like he should you can file a complaint. It does not mitigate the fact that you were driving while revoked (outiside your restricted hours).

There's no requirement that they arrest you on the spot when they observe a violation. Maybe wasn't sure of the restrictions on your license. Maybe he was busy. Makes no difference.

Are you claiming that you weren't driving on Sunday?

You do not have to be read your rights unless you are in custody and they are questioning you.

You have, what is referred to in technical terms, as a chip on your shoulder.

[CavemanLawyer]

Have you received any kind of notification that the State is seeking a seizure? I'd be very surprised if the laws of your State allowed a seizure of a vehicle just for a charge of driving on a suspended/revoked license. If its true these cops are just harassing you than they are probably just telling you this to frighten you. The police wouldn't even make this kind of decision anyway.

If things are as say, than just hold the State to its very high burden of proof and you should prevail.

[garrula lingua]

OP, are you charged with a probation violation on the DUI case or a new charge of driving on a suspended (or both) ?

Unfortunately, OP, the burden of proof for a probation violation is simply preponderance of the evidence.
For a new charge, it's beyond a reasonable doubt.

In some states, hearsay is even allowed in a probation violation hearing, and everything depends on whether the Judge is convinced that you drove (not that the state proved that you drove).

You would probably win at jury trial, but you'd lose the pv (which has the most dire consequences - jail).
What does your atty say about this ?

I agree with Caveman; it's unlikely that your car would be forfeited, but it may be towed and impounded for thirty or sixty days, with you paying for the storage. Many states allow that for non-compliance with DUI probation terms (and some states DO allow forfeiture of the vehicle). What does your atty say about this ?

You need a good lawyer - a negotiator and convincing arguer (to convince the Judge you didn't violate the terms of probation).
In most jurisdictions, you're looking at jail time for the pv (Judges hate when you don't abide by their probation terms) and fines and, also, the DL suspension.

[garrula lingua]

PS: for a second offense of DUI, the vehicle IS subject to siezure/forfeiture in Tennessee.

OP, was this your first or second DUI conviction ?

[problemsintn]

Originally Posted by FlyingRon

If you don't believe he treated you like he should you can file a complaint. It does not mitigate the fact that you were driving while revoked (outiside your restricted hours).

There's no requirement that they arrest you on the spot when they observe a violation. Maybe wasn't sure of the restrictions on your license. Maybe he was busy. Makes no difference.

Are you claiming that you weren't driving on Sunday?

You do not have to be read your rights unless you are in custody and they are questioning you.

You have, what is referred to in technical terms, as a chip on your shoulder.

He treated me terrible, but im not trying to get out of this by saying that, im saying i didnt commit the crime in the first place and the only proof he has is his word which sucks because i dated the guys best friends babies mother and that SHOULD be enough to call this malicious prosecution because they are just trying to see me in trouble.

No offense ,but,yes of course im saying i didnt do it, i wouldnt be here asking for advice if i was admitting to it.

your right, you dont have to be read your rights unless your being arrested -which i was being arrested i was told they had a warrant for my arrest as soon as they came through my buildings front door but not told for what or why or when, to be honest when he said i have a warrant for your arrest and later on that its for driving on revoked....i immediately went for my license asking him why?

You are free to think anything you want, but the internet is not a place to judge someones attitude or anything else for that matter because of the lack of facial expression , many comments can be taken way out of context.

[problemsintn]

Originally Posted by CavemanLawyer

Have you received any kind of notification that the State is seeking a seizure? I'd be very surprised if the laws of your State allowed a seizure of a vehicle just for a charge of driving on a suspended/revoked license. If its true these cops are just harassing you than they are probably just telling you this to frighten you. The police wouldn't even make this kind of decision anyway.

If things are as say, than just hold the State to its very high burden of proof and you should prevail.

they towed my car away right then and there on the spot , at the same time i was arrested and i have not seen it in around six months i would say.

their not seeking a seizure, they have already made it more or less they just have to go through formalities to say "hey, we gave him a chance at a court hearing!" more like " hey, we took his 350 bucks for a bond to not let him tell his side of the story!" - the first tennessee DOS court hearing i went to my lawyer came out as i was walking in and told me " you may as well just go back home, i didnt know you could not work a deal out with a driving on revoked due to a dui in tennessee"**************...this guy was voted west tennessees attorney of the year like two or three times i might add lol! Anyway, sometime 2008 i will get another hearing on the car maybe this time ill actually be able to get in the court room before they take my beautiful car.

Thanks for the vote of confidence, they have no proof that i see really but we are talking about tennessee here, it doesnt take much.

[problemsintn]

Originally Posted by garrula lingua

OP, are you charged with a probation violation on the DUI case or a new charge of driving on a suspended (or both) ?

Unfortunately, OP, the burden of proof for a probation violation is simply preponderance of the evidence.
For a new charge, it's beyond a reasonable doubt.

In some states, hearsay is even allowed in a probation violation hearing, and everything depends on whether the Judge is convinced that you drove (not that the state proved that you drove).

You would probably win at jury trial, but you'd lose the pv (which has the most dire consequences - jail).
What does your atty say about this ?

I agree with Caveman; it's unlikely that your car would be forfeited, but it may be towed and impounded for thirty or sixty days, with you paying for the storage. Many states allow that for non-compliance with DUI probation terms (and some states DO allow forfeiture of the vehicle). What does your atty say about this ?

You need a good lawyer - a negotiator and convincing arguer (to convince the Judge you didn't violate the terms of probation).
In most jurisdictions, you're looking at jail time for the pv (Judges hate when you don't abide by their probation terms) and fines and, also, the DL suspension.

No , not charged with a probation violation just driving on revoked drivers license due to a dui. I have not been on probation in months and your only kept on probation in tennessee until you pay off your fines which i did far before my years revocation was up, but now i am completely done with anything to do with my dui besides having to have SR22 insurance a minimum of 3 years. I now have a valid tn. drivers license, nothing left to do on that one.

OK, here in tennessee when arrested for driving on revoked due to a dui you get two trials IF you just dont want to give your car up auto- you pay a 350 bond to have a DOS hearing.
your actual driving on revoked hearing then becomes completely seperate of the seizure and forfeiture hearing.

My attorney suggested i either get my license back (at the time i couldnt) or we bypass to the grand jury -so we bypassed**************.i now have my license and we go before the grand jury jan. 28th

I dont really trust anything my attorney says about the automobile, for reasons i just explained a post or two up. We either need to prove our case in court or buy it back from what tennessee says is an auction (which i dont want to do ive already paid for the car once)-which is just private bidding with the highest bidder winning. Or hopefully someone here can come up with a loop hole lol.

[problemsintn]

Originally Posted by garrula lingua

PS: for a second offense of DUI, the vehicle IS subject to siezure/forfeiture in Tennessee.

OP, was this your first or second DUI conviction ?

First offense on both charges of dui and driving on revoked.

[HomeGuru]

Originally Posted by problemsintn

First offense on both charges of dui and driving on revoked.

**A: so only recently your luck ran out and you actually got caught this time?

[problemsintn]

Originally Posted by HomeGuru

**A: so only recently your luck ran out and you actually got caught this time?

omg, i didnt know there were trolls on every forum i figured it was just the ones i regular**************try reading, and ill try to see if this forum has an ignore function....tool!

[fagettaboutit]

Originally Posted by problemsintn

omg, i didnt know there were trolls on every forum i figured it was just the ones i regular**************try reading, and ill try to see if this forum has an ignore function....tool!

Aw, ignore HomeGuru, s/he has never had very good comprehensive skills. Fly-by poster with a hate for anything to do with people who *gasp* drink alcohol.

[FlyingRon]

So now you are saying you weren't driving? You need a lawyer and make sure your lies are straight.

Are you saying your car was on the road with someone else driving? Who was it?

[problemsintn]

Originally Posted by FlyingRon

So now you are saying you weren't driving? You need a lawyer and make sure your lies are straight.

Are you saying your car was on the road with someone else driving? Who was it?

I think you missed something, i never said i was driving on that day.

i said i was in the town i was accused of driving through that day, not in my car, with my girlfriend.

wether my car was on the road that day or not really has no pertinence to the situation.

negative jerk offs like you are the reason innocent people like me get arrested for stupid things like this.

one more for the ignore list!