suspended license

[Branson Sills]

I was pulled over for speeding and the cop told me that I also had a suspended license. When I went to the California Department of Motor Vehicles to check, they said that I do not have a suspended license.

Can I seek an injunction or some kind of order from the courts to make the police computer information match the DMV information. I think that I could go to jail if I drive with a suspended license , and so I do not want to wait the 25 days until my court hearing date on the ticket. Besides, I am wondering if that court could do anything anyhow. Shouiildn't I try to seek an injunction? and from what court?

 

[Attorney_Replogle]

I would recommend that you obtain some kind of printout from the DMV to use in court -- if it gets that far. You don't want to just show up in court with your word that you went to the DMV and they said you don't have a suspended license.

After you get the printout then mail a copy (or take one) to the court and to the District Attorney's office. Include a letter to the D.A. that you request the case be dismissed due to lack of evidence.

I don't think you can get an injunction for the purpose you wrote about. If you can, it is going to cost you a lot of money in attorney's fees to succesfully get it through court. If you had that kind of money, you would have hired a criminal defense attorney for this violation.

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Mark B. Replogle

 

[Branson Sills]

But will this just happen again if the erroneous information is not removed from police computers?

 

[Attorney_Replogle]

Well anything is possible. But if it did happen again, and you were completely innocent, then you would have a great reason to bring a large civil suit against the police, sort of like a class action.

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Mark B. Replogle

 

[Branson Sills]

I really just want to make sure that I am not arrested or my car impounded or any other bad thing happen. I do not wish to wait until I can sue the police or the city, I just want to avoid the nightmare in the first place. How can I get the cops to correct their computers?