2006-07-12 11:13:41 · 10 answers · asked by Joe T 2 in Politics & Government ➔ Law Enforcement & Police
No. A speeding ticket is not a criminal offense. If you are repeatedly ticketed and repeatedly beat the violation, you can sue for harassment. But if you beat one ticket, suing for false arrest cannot happen when you were never arrested. Being arrested means being cuffed, read your rights, fingerprinted, photo taken, etc.
2006-07-12 11:19:30 · answer #1 · answered by Sebring Sage 5 · 0⤊ 0⤋
No. A speeding ticket is not the same as an arrest. It's a citation for a violation of the law.
2006-07-12 11:17:34 · answer #2 · answered by Kaia 7 · 0⤊ 0⤋
As mentioned above, when they stop you for violating the law, you have been arrested (arrest = stopped) .
As to suing for false arrest, forget it. So long as the Officer was acting according to policy and in "good faith", the Officer is immune from liability for his actions. To remove "good faith" you would have to prove the Officer was willfully and knowing acting to harass you. The burden of proof for this is on you. If it were any other way, the police could not do their jobs, for people suing them every time they stopped them.
2006-07-12 13:20:28 · answer #3 · answered by tyrsson58 5 · 0⤊ 0⤋
When you are stopped for a traffic violation (speeding ticket), you are being detained by the police, not arrested. Traffic violations are limited as to the amount of time you can actually be held roadside before being released.
2006-07-12 11:28:24 · answer #4 · answered by jcarnes718 1 · 0⤊ 0⤋
First question - what damage was done?? How were you injured??
Even in criminal cases, when someone is arrested and later acquitted, they don't sue for false arrest unless it is egregious.
Grow up - the cop was doing their job and you got off. Smile and get on with your life.
2006-07-12 12:30:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No a speeding ticket isn't! It is a violation!
I guess you could try and sue if some of your rights were violated. You have a couple of problems! Finding a lawyer, and proving your case in civil court. In criminal and civil court have 2 different standards of proof!!
2006-07-12 11:21:10 · answer #6 · answered by cantcu 7 · 0⤊ 0⤋
No it is a citation that directs you to be in court for whatever offense that you did. It is not a false arrest unless you were arrested and placed into custody.
2006-07-12 11:18:38 · answer #7 · answered by lovinglife 1 · 0⤊ 0⤋
NO it isn't the out come would be you keep your license and all your driving points if proven not the driver of the speeding car...
2006-07-12 11:18:32 · answer #8 · answered by aussigirl_2005 1 · 0⤊ 0⤋
If police have a suspicion of you commitng a crime they are welcome to arrest you, even if they are wrong about you committing a crime. Suing them for false arrest is pointless.
2006-07-12 12:43:21 · answer #9 · answered by pinklacedshoes 2 · 0⤊ 0⤋
How were you not found guilty? Thats a new one for me.
As far as I know, no one has ever been not found guilty.
2006-07-12 11:23:52 · answer #10 · answered by psych0bug 5 · 0⤊ 0⤋