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  1. #1
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: Can You Sue the State to Recover Attorney Fees from a DMV Hearing

    you have the right to have an attorney before a custodial interrogation.

    you do not have the right to refuse to exit the vehicle without an attorney, you are fortunate your windows was not smashed in and you forcibly extracted through it at gunpoint.

  2. #2
    Join Date
    Mar 2015
    Location
    Rochester, NY
    Posts
    22

    Default Re: Can You Sue the State to Recover Attorney Fees from a DMV Hearing

    Quote Quoting Lehk
    View Post
    you have the right to have an attorney before a custodial interrogation.

    you do not have the right to refuse to exit the vehicle without an attorney, you are fortunate your windows was not smashed in and you forcibly extracted through it at gunpoint.
    I am aware of that, but as explained my rights were also violated in that regard, as they attempted to interrogate me, while denying me access to an attorney. I told them I was pleading the 5th, they never offered me a lawyer, and continued to ask me questions. They used my verbal comments of me telling them they were doing their job wrong during their attempted interrogation, in order to originate the harassment charge.

    Based on what you said, does not mean my rights were not violated, cause they still were at the end of the day. If I am incorrect, I would need to understand how my rights WERE NOT violated, given the circumstances. My rights meaning just that of denied legal counsel. I suffered losses due to this, based on the violation of my rights.

    They verbally stated on dash cam their reason for asking me to step out, was to insure I could drive (FST), to which I explained I wanted an attorney. They interrogated me on the street as well, although I continually told them I want a lawyer. They used my words on the street in their reports as well.

    I agree, I am fortunate all though I truly do not care about what could of happened. I even invited them to shoot me if they wanted to, so that I could file suit. They never shot me though.

  3. #3
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can You Sue the State to Recover Attorney Fees from a DMV Hearing

    We praise them for showing remarkable restraint in that lack of action!

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