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DMV and City Computers don't show paid ticket, results in license revocation

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JohnQCitizen

Junior Member
What is the name of your state? NY

This is a bit of a crossover post.

Starting backwards:

My roommate went to pick up a fellow employee at is job on Christmas Eve '04.

While leaving an officer stopped him on the charge of illegally turning right on red. My roommate says he has never seen a sign prohibiting such. The population of the town/city is under one million and does not fall under NYS law regarding population centers.

To the best of my knowledge he came to a full stop and proceeded when safe to do so.

While the officer ran his license, it came up as "suspended", and this was due to an alledgedly unpaid ticket for a prior violation.

This violation is about a year old. I know my roommate paid the ticket because he has the documentation.

Even this "violation" is suspect. A plastic soda bottle left by one of his riders was rolling on the floor. He pulled over to a wide shoulder section to remove the bottle. This is not an interstate or intrastate route. The officer ticketed him for "standing in a no standing zone". To the best of my knowledge there are no signs posted to this effect. And I thought you could pull to shoulder if you had to.

In summation, they took his license. He cannot drive to work, must hire rides from others. He was taking several other employees to work as long as they chipped in "motorpool-wise". He will lose time from work to appear in court for something that should not have occured to begin with.

Assuming the court agrees that he did indeed pay the initial ticket, and therefore should not have been given a ticket for driving with a suspended license, can he seek any kind of damages from the city or dmv for this computer snafu, lost wages, etc??

There are more questions I have but I will wait for answers to this one.

Thank You.
 


HomeGuru

Senior Member
JohnQCitizen said:
What is the name of your state? NY

This is a bit of a crossover post.

Starting backwards:

My roommate went to pick up a fellow employee at is job on Christmas Eve '04.

While leaving an officer stopped him on the charge of illegally turning right on red. My roommate says he has never seen a sign prohibiting such. The population of the town/city is under one million and does not fall under NYS law regarding population centers.

To the best of my knowledge he came to a full stop and proceeded when safe to do so.

While the officer ran his license, it came up as "suspended", and this was due to an alledgedly unpaid ticket for a prior violation.

This violation is about a year old. I know my roommate paid the ticket because he has the documentation.

Even this "violation" is suspect. A plastic soda bottle left by one of his riders was rolling on the floor. He pulled over to a wide shoulder section to remove the bottle. This is not an interstate or intrastate route. The officer ticketed him for "standing in a no standing zone". To the best of my knowledge there are no signs posted to this effect. And I thought you could pull to shoulder if you had to.

In summation, they took his license. He cannot drive to work, must hire rides from others. He was taking several other employees to work as long as they chipped in "motorpool-wise". He will lose time from work to appear in court for something that should not have occured to begin with.

Assuming the court agrees that he did indeed pay the initial ticket, and therefore should not have been given a ticket for driving with a suspended license, can he seek any kind of damages from the city or dmv for this computer snafu, lost wages, etc??

There are more questions I have but I will wait for answers to this one.

Thank You.
**A: no, because "sh*t happens"
 

JohnQCitizen

Junior Member
Thanks Guru, but. . .

That was also my first thought. But I've seen and heard of several cases in NYC and in NY where there has been some sort of action. What sort I don't recall. Could just be a class action suit against the state or a city resulting in a court requiring the state/city/dmv to do something. But as many a lawyer has said to me, "There's always a first time."

If you or anyone else can tell me where to research state laws on this matter I would surely appreciate it.

Thanks again Guru.
 

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