• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Suspended but not suspended

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

baker71179

Junior Member
Ok here's the great situation I found myself in. About 2 months ago I was arrested for driving on a suspended license.....guess what there was NO REASON my liscense should have been suspended. So I had to call a bail bondsman...... when I got out of jail, I called the Indiana BMV which is where my license is registered.... I'm in the army and stationed in GA. Anyway the BMV in IN. said that there was a ticket that I hadn't paid before I joined the military almost 2 years ago well as you know the army won't allow you to join with outstanding tickets in fact I remember paying this ticket because my recruiter gave me a ride up there just to pay it. Well the BMV admitted they were wrong and reinstated my license....so I'm pleading not guilty well I did that and now I have to go to court tomorrow and my "lawyer" public defender hasn't contacted me or asked me for ANYTHING. What do I need to do? And also can I file a suit for wrongful prosecution or arrest or something or can I at least get the money back that I had to pay the bondsman??? Oh yes, not sure if this is relevant, but I lost the hard copy of my license in Iraq and haven't had the opportunity to get up to indiana for another one. :(
 


JETX

Senior Member
baker71179 said:
What do I need to do?[/quote[]
You need to get a WRITTEN statement from the Indiana BMV as to their error and that your license was NOT suspended at the time of the offense. Then, have your attorney present that to the court.

And also can I file a suit for wrongful prosecution or arrest or something or can I at least get the money back that I had to pay the bondsman???
No. No.

Oh yes, not sure if this is relevant, but I lost the hard copy of my license in Iraq and haven't had the opportunity to get up to indiana for another one.
It's not, but you need to get one.... or possibly face this issue again... and again.
 

longneck

Member
baker71179 said:
can I file a suit for wrongful prosecution or arrest or something
No, because you'd have to prove that the officer tickted you specifically because he knew the BMV screwed up and he was trying to harm you. The officer did not, so no wrongful prosecution.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top