Here is the deal....7 traffic violation tickets were issued to someone one day @ 8am. The 7 tickets were for speeding (94mph), reckless driving, no signal, no seatbelt, improper passing, failure to show id (no license), improper lane changing.
The person gave them my first and last name in addition to my birthdate (obviously someone who knows me). The NJ State Trooper must've ran the information through the computer and saw that that person fit the description (I believe it might've been one of my brothers. I am waiting to view the tape). The trooper let this person go. I receive a letter in the mail stating that I have to appear in court or a warrant will be issued for my arrest.
To make a long story short, I was able to thankfully prove I was at work on that day (my boss faxed me my time card), charges have been dropped as well. My question, however, is can I sue NJ State Police for this? After so many tickets issed shouldn't they have been arrested? No license, I mean come on!
2006-08-04 16:14:36 · 5 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
I would sue because I had to hire a lawyer to represent me in court. I paid money for something that I didn't do, something that could've been avoided had a license been shown. Driving without a license is one thing...7 tickets in one shot is another! The car could've been stolen for all they know!
2006-08-04 16:40:41 · update #1
Based on the stated charges, the person that committed those violations should have been arrested and brought to jail.
If everything you said is true, the officer did not do his job, however, he was acting in good faith.
A lawsuit would be a waste of time and money.
You have have to prove intent or malicious behavior.
It is not illegal to be a lazy officer. I do not condone he actions by not arresting the subject, but it was his call.
2006-08-05 05:10:01 · answer #1 · answered by Nick R 3 · 0⤊ 0⤋
Except the speeding (and maybe the reckless or the combination of speeding & reckless), none are arrestable offences. In many states, no seatbelt isn't even a stoppable offence. Even the speeding would probably need to be over 25 over the limit, for the trooper to CONSIDER arresting the driver - although with reckless driving too, maybe he oughta.
BUT - I got stopped once for over 25 over (way more), in my Corvette, on the way to work. The cop was on a motorcycle & couldn't get a squad car to come take me downtown - so he told me I was under arrest & he was releasing me under my recognizance. Point being, even if the driver had been arrested, they wouldn't neccisarily have been taken downtown.
Only if they had NOT issued a citation for no licence, might you have had a case. But if you want to be sure, talk to a lawyer - if you're prepared to pay his fee.
Q. What would you want to sue the trooper for - what'd he done to cause you harm ?
2006-08-04 16:26:37 · answer #2 · answered by dryheatdave 6 · 0⤊ 0⤋
No, you cannot sue. The police officer acted in good faith and believed that the person he issued the tickets to gave him the correct information. Your brother (or whoever it was) can and should be charged with providing false information to a police officer.
2006-08-04 18:32:44 · answer #3 · answered by pvpd73127 4 · 0⤊ 0⤋
Why sue the cop? Sue or at least kick the crap out of the person that used your identifyers.....
2006-08-05 10:54:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, but what kind of brother do you have? My sister would never leave me holding the bag.
2006-08-04 16:22:00 · answer #5 · answered by Wolfpacker 6 · 0⤊ 0⤋