case dismissed, recoup costs?

[travisb]

What is the name of your state (only U.S. law)? Virginia
I was charged with reckless speeding and the case was dismissed after providing evidence that helped prove my innocence. I spent at least $700 for lawyer/court/driving record, etc.

I believe in a civil case, the losing party can often be made to pay the fees. This was not a civil case, but since the officer is the complainant, should he or the county be responsible for reimbursing me? I had to spend my money to prove my innocence because of his mistakes.What is the name of your state (only U.S. law)?

 

[OHRoadwarrior]

Nope. If the officer acted in good faith, you have no case.

 

[CdwJava]

Did he lie? Did he falsify evidence?

All because the state was not able to meet the burden of proof does not give you a cause of action against the officer, the agency, or the court. If that were the case, then the system would have been broken generations ago.

 

[travisb]

I don't know that he lied or falsified information. He was just wrong. All I know is that my evidence was enough to get the case dismissed.

Shouldn't he, or is his employer, be responsible to make sure they are charging people that are actually guilty of reckless driving? That is a serious charge with possible jail time in VA. Why should the public have to defend themselves against false charges and not be reimbursed?

Sorry, I'm not trying to rant or be whiny, but this really is not fair.

 

[OHRoadwarrior]

You have no case then. It appears the justice system worked for you. You were found not guilty, when you claimed to be. The fact that there were costs associated with that, is a fact of life.

 

[Captain Picard]

Sorry, I'm not trying to rant or be whiny, but this really is not fair.

Take this as a lesson learned ; a more serious charge would result in more serious attny fees that are not recoverable.

 

[CdwJava]

All that is required for an arrest is probable cause to believe that a crime was committed and that the person arrested committed the crime. This is not a high burden to meet.

So, what was it that you did? Why did you get charged with reckless driving?

If what you did was actually speeding and he thought it was sufficient for reckless, then the prosecutor should have caught it. Apparently whatever was articulated was also approved for filing by a prosecutor

 

[travisb]

Thanks for the replies. I was charged with reckless driving because of the speed he was claimed I was traveling. He was driving the opposite direction and he said his radar detected my speed. At interstate speeds the amount of time the radar hits each car is extremely small. There were other cars in the area at that time. Perhaps it was one of them. Maybe not. No one was flying through the group of cars.

I was able to provide 3rd party collected/maintained GPS data that showed I was going 5mph over the speed limit and not 20+ over.

Yes, it was a lesson learned. But the only thing I learned is that you can be charged with anything at anytime with no possibility to recoup the costs incurred to prove your innocence. If I did not have the GPS information I would have been found guilty.

 

[Zigner]

You were not found "innocent"

There is a difference...

 

[CdwJava]

Thanks for the replies. I was charged with reckless driving because of the speed he was claimed I was traveling. He was driving the opposite direction and he said his radar detected my speed. At interstate speeds the amount of time the radar hits each car is extremely small. There were other cars in the area at that time. Perhaps it was one of them. Maybe not. No one was flying through the group of cars.

I was able to provide 3rd party collected/maintained GPS data that showed I was going 5mph over the speed limit and not 20+ over.

Yes, it was a lesson learned. But the only thing I learned is that you can be charged with anything at anytime with no possibility to recoup the costs incurred to prove your innocence. If I did not have the GPS information I would have been found guilty.

So, the officer did not do anything wrong, you were simply able to cast reasonable doubt upon his speed estimation. If so, I do not see any cause of action here.