beat traffic ticket, can i sue?

[dckhan]

What is the name of your state?indiana

I was pulled over and given a speeding ticket. as a result of being pulled over my vehicle was towed for expirered temp tag. I won my case in court for the speeding ticket, does that mean i am able to recieve damages from the officer/city since the prob cause for the stop was the moving violation. i would like to recieve the tow fee and missed days of work back.

thank you

 

[dckhan]

ind..........What was the probable cause for the traffic stop? the state lost the case on the speeding citation. if the stop was illegal shoudnt every thing that occured after the stop be dismissed? also my time lost defending myself several court appearences equals missed work. Total im out approx 500 dollars because a police officer acted inappropriately.

 

[wtd]

No.
(The whole answer is just 'No' but the system requires at least ten characters in a message).

wtd

 

[JETX]

ind..........What was the probable cause for the traffic stop? the state lost the case on the speeding citation. if the stop was illegal shoudnt every thing that occured after the stop be dismissed? also my time lost defending myself several court appearences equals missed work. Total im out approx 500 dollars because a police officer acted inappropriately.

Not true. You are 'out approx $500' because you were driving on an expired temp tag.

And even if that weren't the case, the fact that you 'won your case for the speeding ticket' does not mean that the "police officer acted inappropriately." It only means that your speeding ticket was dismissed.

Final fact..... if you had a VALID temp tag... it is unlikely that your vehicle would have been towed at all. You would have simply been ticketed and on your way. The fact remains, YOU were at fault for having your vehicle towed.

 

[dckhan]

does it matter i was never given a ticket for the expired plates/temp tag

 

[panzertanker]

does it matter i was never given a ticket for the expired plates/temp tag

Oh, well!
That changes EVERYTHING!
Yes, it does matter. It matters in that you only have to pay impound fees, and not pay for a ticket for expired temp tag. Count yourself lucky and MOVE ON....

 

[dckhan]

im still trying {last effort} i promise

it makes no sense that a police officer can accuse some one of an offense{speeding} botch the paper work so badly its dismissed, and my time approx 15 hrs in court { not counting hours of research} is discounted as unimportant. forget the temp emmision tag {which can only be read from the inside of the vehicle}...Shoudnt he or his department be held accountable for his incompentence which DID cause me monetary loss. if he would of acted according to the proper procedures of the state of indiana and his own department, i would of never been stopped and detained in the first place. Even as far as the tow report which stated i was arrested.though i was 'nt, or for that matter nevr have been. thats a matter of public record now any inquiies into a records check might turn that up. this may be a little personal on my part...............he was a real condensending SOB.. he is why several people dislike law enforcement officers and i feel that if your not going to do a public service job correctly, cause finacial loss because you didnt do it correctly, you or employer should have to make up for that loss.

 

[panzertanker]

it makes no sense that a police officer can accuse some one of an offense{speeding} botch the paper work so badly its dismissed, and my time approx 15 hrs in court { not counting hours of research} is discounted as unimportant. forget the temp emmision tag {which can only be read from the inside of the vehicle}...Shoudnt he or his department be held accountable for his incompentence which DID cause me monetary loss. if he would of acted according to the proper procedures of the state of indiana and his own department, i would of never been stopped and detained in the first place. Even as far as the tow report which stated i was arrested.though i was 'nt, or for that matter nevr have been. thats a matter of public record now any inquiies into a records check might turn that up. this may be a little personal on my part...............he was a real condensending SOB.. he is why several people dislike law enforcement officers and i feel that if your not going to do a public service job correctly, cause finacial loss because you didnt do it correctly, you or employer should have to make up for that loss.

"botching" the paperwork for a legal stop, speeding, that results in the ticket being dismissed is NOT actionable. It just means the paperwork was incorrect, not the offense.
You WERE speeding, you just got lucky that the police officer didn't get his paperwork correct...right?

 

[teflon_jones]

You got lucky with the ticket. That doesn't change the fact that you didn't have a valid temp tag. Two separate issues. Move on...

 

[JETX]

it makes no sense that a police officer can accuse some one of an offense{speeding} botch the paper work so badly its dismissed, and my time approx 15 hrs in court { not counting hours of research} is discounted as unimportant.

Gee, so with your 'logic', if a person had kidnapped a little girl and while leaving the area (before the kidnapping was reported) was stopped for a traffic ticket and the child rescued, and the ticket was later dismissed, the kidnapping should be 'forgotten'??
Of course not.

The bottom line is... you broke the law TWICE. The second time (expired tags) was 'discovered' after you were stopped for the first offense (speeding). Since the speeding was subsequently tossed out due to a technical problem (not that you were 'not guilty'.... but that really isn't relevant anyway!), you think your second offense should be 'forgotten'.
Use a little of that crap between your ears and think BEYOND your myopic 'vision'.

Shoudnt he or his department be held accountable for his incompentence which DID cause me monetary loss.

Yep. And they were. After all, you WERE guilty, their 'incompetence' (if you want to call it that) got you off.

if he would of acted according to the proper procedures of the state of indiana and his own department, i would of never been stopped and detained in the first place.

HUH?? How did you get that convoluted logic. Your own post says that you were given a speeding ticket then it was dismissed by the court due to the paperwork being 'botched'.... that doesn't mean anything about your being not guilty, or the traffic stop not being warranted.

Even as far as the tow report which stated i was arrested.though i was 'nt, or for that matter nevr have been.

Not relevant. The bottom line here is that your vehicle was towed either:
1) Because you were arrested or detained so that you were not able to drive away, or
2) The officer decided that he wasn't going to allow you to drive away on a vehicle without VALID tags.

Quit you damn whining. You did wrong. You got caught. Pay the 'piper' and learn something that your parents obviously forgot to teach you.... You are responsible and accountable for your own actions.

 

[dckhan]

thank u for your assistance

sry if i offened everyone...............i proved it was nt me speeding..... im not whining i just wanted legal advice.................your respones confirm why attorneys are members of the most hated profession. the vehicle was properly registered. but being a 1970 chevy nova {nearly mint}]it was having trouble passing the county emissison. i thought this site was a good idea but to have smart alec comments about an issue proves the lack of professionalism. By the way im a graduate of ILEA class 94-118. My career ended in 2001 due to a physical condition. about being responsible for my own actions. i was by attending evry court date and proving my case.NOW WITH YR LOGIC SHOULD NT THE OFFICER BE RESPONSIBLE FOR HIS ACTIONS.

 

[wtd]

From the Indiana DMV website -

Indiana's Vehicle Emissions Testing Program
If you need additional information than what is contained on this page, please visit the Indiana Department of Environmental Management's Clean Air Car Check Web site or call the Clean Air Car Check toll-free hotline at 1-888-240-1684.

Who needs to be tested?
Clark, Floyd, Lake and Porter counties require emissions tests and tampering inspections every two years for 1976 and newer passenger vehicles and trucks with a gross vehicle weight rating (GVWR) of 9,000 lbs. or less. Auto manufacturers typically print the GVWR on the driver's side doorjamb. It is not the same as the actual weight of the vehicle.

Your test year may have changed. Recent modifications to Indiana regulations have changed the year that your vehicle may be due for testing. When your vehicle needs to be tested is now based on the model year of your vehicle. Even-numbered model year vehicles are due for testing in even-numbered calendar years. Odd-numbered model year vehicles are due for testing in odd-numbered calendar years. The four newest model years are exempt from testing.

Please check your Indiana Application for Vehicle Registration Renewal to see if your vehicle is due for a test. If it is, EMISSION TEST REQUIRED should be typed on the form. The chart below shows the model years that must be tested in 2004 and 2005.

Year Vehicle model years due for testing
2004 1976, 78, 80, 82, 84, 86, 88, 90, 92, 94, 96, 98, 00
2005 1977, 79, 81, 83, 85, 87, 89, 91, 93, 95, 97, 99, 01


According to the above your '1970 (nearly mint)' car isn't even required to be tested. Maybe some local ordinance....? Go figger .....

Possibly you could visit something like the DrPhil.com board and you could get some help working through your 'revenge' issues .....

With your (I hate to use the term) 'reaasoning', just imagine how much California would owe O.J.Simpson ......

wtd

 

[JETX]

sry if i offened everyone

You didn't. However, your inability (or refusal) to understand normal logic is somewhat astounding.

i proved it was nt me speeding

How can you say that?? From your own post, the only thing you did was show that the officer "botch the paper work so badly its dismissed". That does NOT mean you proved anything.... or were in fact NOT speeding.

im not whining i just wanted legal advice

And you got it.... several times. The problem is.... it wasn't what you wanted to hear.... so couldn't (or wouldn't) recognize it for what it was.

your respones confirm why attorneys are members of the most hated profession.

And your refusal to accept the facts shows why some clients are idiots. They ask for help, then when given (FREELY, I might add!!), they simply are unable to accept it.

the vehicle was properly registered.

And that has absolutely NOTHING to do with anything. It was never an issue in this thread.

but being a 1970 chevy nova {nearly mint}]it was having trouble passing the county emissison.

Then, the law says you don't drive it on a public road. You decided to anyway.... knowing it was a violation. Don't you see that??

i thought this site was a good idea but to have smart alec comments about an issue proves the lack of professionalism.

Why is that always the first retort by someone who is simply too dense to understand??

By the way im a graduate of ILEA class 94-118.

Whoopie crap. Are we supposed to understand what that means??
From your poor grammar and inability to put a complete sentence together, I assume you went there when high school didn't 'work out', huh??

My career ended in 2001 due to a physical condition. about being responsible for my own actions. i was by attending evry court date and proving my case.NOW WITH YR LOGIC SHOULD NT THE OFFICER BE RESPONSIBLE FOR HIS ACTIONS.

The officer IS accountable for his actions. However, NOTHING in your rambling droolings even suggests that the officers conduct was inappropriate.

 

[dckhan]

This is fun how much do u charge per hour..........got anymore....oh wait is that an ambulance........dont run into the bumper when it stops. the law changed 6-1-04 all vehicle must pass emmisions unless they are plated as classic vehicles. Which means you can only drive under 2500 miles per year. As for ILEA idiot Indiana Law enforcement academy. so i know the actions of the officer were wrong.Oh yeah this drooling rambler did beat a team of prosecuters {attoneys} plus an officer with 15years experience. the judge told me 1 in 250 tickets are thown out then ruled in my favor.wow AND I DIDNT EVEN SPEND A 100 GRAND ON LAW SCHOOL. F. LEE Baily you r not.

 

[panzertanker]

As for ILEA idiot Indiana Law enforcement academy. so i know the actions of the officer were wrong.

Just exactly how do you think we would know that? World famous Indiana Law Enforcement Academy.....

Oh yeah this drooling rambler did beat a team of prosecuters {attoneys} plus an officer with 15years experience.

Yup, I am sure a whole "team" of prosecutor's (learn how to spell, you went to ILEA, remember???) were working fervently on your speeding ticket...

the judge told me 1 in 250 tickets are thown out then ruled in my favor.

Good for you. You want your lollipop now?

wow AND I DIDNT EVEN SPEND A 100 GRAND ON LAW SCHOOL. F. LEE Baily you r not.

No, you went to the prestigious ILEA!!!
(and no he is not, JETX has more class than F. Lee Bailey...)