Charges Stemming From False Moving Violation

What is the name of your state (only U.S. law)? Georgia

I said Georgia because that is the state I got arrested in.

Back story...
Got ticket in Heflin, AL in September 2009 coming back from a game through a speed trap. Paid tickets by the end of the next month. Fast forward to Mother's Day 2010, car was vandalized. Was told by police officer that my license was suspended and that I had outstanding warrants for assault and child support (NOT ME. Don't even have children!!!) Started looking into issues and found that tickets in Helfin had turned to a bench-warrant for not appearing. (Never got notice of these!) Called Heflin and was told that they had the documentation of payment but held everything because they do not accept personal check! (Still no notification!) Talked to Judge's clerk who said everything was settled and would send verification via mail.

Fast-forward to trip to Virgin Islands...(2 days later)
Went on trip (and through customs) with no problems going or coming. Got in my car to drive home from Atlanta to Birmingham and was pulled over by police officer who was running tags. Officer TOLD me he pulled me over to swerving over the line (false charge). He ended up ARRESTING me because my license was still suspended! and I had a warrant that was still active!

Have since had tickets corrected but how do I defend myself in court? All this stemmed from clerical issues but are now on my record. Can I be arrested in GA for a warrant in AL since it shouldn't have shown up in their system (posed by my local police friend)? Can I be held on charges that stemmed from a lie?

Help!What is the name of your state (only U.S. law)?

In one breath you say he was "running tags" and in the next you say he stopped you for "swerving" over "the line". Which is it?

You only waited two days and assumed everything was cleared up? That wasn't too smart. You should have verified that the warrant was vacated and the suspension was taken care of before you continued driving.

It doesn't sound like you have much of a leg to stand on. Just about everyone I stop is clueless about what they did, from running stop signs to speeding. Did you get charged with the line violation?

By the way, your license will probably continue to be suspended until you go to your local DMV and provide proof of compliance with the out of state court. The court is not going to clear the suspension in another state.

Reply to HighwayMan

Thank you for your response...

My trip to the Virgin Islands was booked and paid for in February. I found out about the charges/warrants while reporting a vandalism to my vehicle by neighborhood kids. Afterward, I spoke back and forth to the judge's clerk for weeks while she assured me everything was taken care of. She even stated that the judge would be calling me. As my trip drew near she told me that the judge was just really busy but he had signed off on the correction and she was putting the documentation in the mail. Since I have no prior history in dealing with law enforcement and all the areas that must be verified/contacted, I assumed this paperwork that she was sending me was proof that everything was SET RIGHT.

As to the officer in Georgia, he STATED that I was swerving when, in fact, I was not. He used this as an opportunity to pull me over to investigate for other charges. I have three witnesses to that fact as he ran their tags as well (group trip). I was told that I was being arrested for driving on a suspended license (which I thought was taken care of by the clerk - again I paid the ticket months prior). Everyone else that I have talked to about this, including three police officers, wondered why they didn't just ticket me and let the licensed driver that was riding with me drive from that point. As to the "swerving," the officer that arrested me told me while he was booking me in that he was going to drop the swerving offense and just book me on the suspended license.

What are your thoughts?

Btw...

My license has been reinstated. I was told over the phone that I would have to pay $100 and bring documentation from the county of origin but the next day I received a notice of reinstatement via the mail at apparently NO CHARGE and without having to bring anything downtown. I can understand clerical errors and I appreciate them correcting the issue (The judge even lowered my prior speeding offense), but to what extent must a person go to clear her name / arrest record, especially when I shouldn't have been pulled over in the first place.

lilnita77 said:

I assumed this paperwork that she was sending me was proof that everything was SET RIGHT.

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Yes, but you didn't have the paperwork with you, you hadn't received it yet, right? There have been several times when I have stopped someone and found that their license was suspended. They presented written documentation from a court or from the DMV but the updates hadn't made it into the computer yet. If the individuals did not have the documents with them they would have gotten theirs cars impounded and they would have either been arrested or summonsed. Having that proof in your hand makes a big difference.

lilnita77 said:

As to the officer in Georgia, he STATED that I was swerving when, in fact, I was not.

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What the officer considers swerving and what you do can be two different things. I very often see cars "drift" across lane markings. I usually don't stop them unless I see a pattern or if I see other behavior which is illegal. I might call that a "swerve" maybe not. It's a matter of semantics sometimes.

lilnita77 said:

I have three witnesses to that fact as he ran their tags as well (group trip).

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How would they know? Besides, there is nothing wrong with the officer doing that.

lilnita77 said:

Everyone else that I have talked to about this, including three police officers, wondered why they didn't just ticket me and let the licensed driver that was riding with me drive from that point.

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It's hard to say without having been there. Personally, if I stop someone with a suspended license I impound the vehicle even if they have a licensed driver with them if the driver is the registered owner. If there is no law or procedure governing something like this then the officer takes action as he sees fit.

Reply to HighwayMan

Having that proof in your hand makes a big difference.

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You are certainly right. Though I had not received them, I most certainly hope that having the paperwork work would have helped.

What the officer considers swerving and what you do can be two different things. I very often see cars "drift" across lane markings. I usually don't stop them unless I see a pattern or if I see other behavior which is illegal. I might call that a "swerve" maybe not. It's a matter of semantics sometimes.

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I understand what you are saying but respectfully disagree. As you said, either I cross lanes or I don't. There was no crossing of lanes at all. There were several police cars in the area so I was being extra vigilant about my driving. Plus, I don't know about you, but when I see my friends swerve over lines I don't overlook it. I assume they are distracted or something is wrong. My friends are the same way. All three stated emphatically that I was not swerving or veering off the road in any way, including the one riding with me.

How would they know? Besides, there is nothing wrong with the officer doing that.

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I'm not saying that there is anything wrong with running tags. My problem is that I was pulled over under the PRETENSE that I was swerving. If there was a problem with what came back on my tag, why not just charge me/write me up for that?

As to how they know, it is because he was pulling up behind several different cars on the road and maintaining position behind them (even through lane changes) for several minutes before moving on. He had actually checked my friend's tags prior to mine.

While I am sure that you are one of the good guys, I'm sure you understand that not all police officers, or municipalities for that fact, operate strictly by the book. They sometimes get 'creative.' I don't know where you are located but, in the south, we have towns located along the state border whose main source of revenue is ticketing/moving violations. Active teams of 10-15 cars positioned on ramps with two "spotter" are the norm.

It's hard to say without having been there. Personally, if I stop someone with a suspended license I impound the vehicle even if they have a licensed driver with them if the driver is the registered owner. If there is no law or procedure governing something like this then the officer takes action as he sees fit.

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Impounding the car seams pretty harsh, especially if all of their other paperwork is in order (insurance, tags, etc.)and there is a licensed driver present that they consent to let drive their car. If it is your discretion, why do you choose such extreme measures?...if you don't mind me asking...

lilnita77 said:

I'm not saying that there is anything wrong with running tags. My problem is that I was pulled over under the PRETENSE that I was swerving. If there was a problem with what came back on my tag, why not just charge me/write me up for that?

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I don't know the officer's motivation. Maybe in his experience people get more pissed off if he tells them the truth so he makes up a story. We don't know. Just because he told you that at the side of the road doesn't mean he was being honest with you, for whatever reason.

lilnita77 said:

As to how they know, it is because he was pulling up behind several different cars on the road and maintaining position behind them (even through lane changes) for several minutes before moving on. He had actually checked my friend's tags prior to mine.

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Well, that's still an assumption. You have no way of knowing what he was doing. Although it's pretty irrelevant anyway.

lilnita77 said:

Impounding the car seams pretty harsh, especially if all of their other paperwork is in order (insurance, tags, etc.)and there is a licensed driver present that they consent to let drive their car. If it is your discretion, why do you choose such extreme measures?...if you don't mind me asking...

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Let's see, here in NY driving with a suspension is a crime. In lieu of arrest I will, depending on the circumstances of the suspension(s), write a ticket. So the person gets off easy to begin with. I can bring them in and hold them until they can post bail - I usually don't do that unless they have a bunch of suspensions for failing to appear.

I've heard of circumstances where the parties are released with the car and they just switch seats down the road.

Finally, I don't think it's a bad idea for a violator to lose his car for a day or two so maybe he'll think a little more about what he did and what the consequences are. And sometimes the impound is more of a penalty than he gets from a court, depending on the court.

I used to give people the opportunity to call someone, but I got tired of having people tell me that their other driver would be there in 10 minutes and having it really take an hour.

I understand. Thanks for your input.