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  1. #1
    Join Date
    Mar 2015
    Location
    Rochester, NY
    Posts
    22

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

    I understand that I am technically required to get out if an officer simply wants me to get out of a car.

    To my knowledge, reasonable grounds have to be established in order to request an FST in NY. Officers used reason of eye color, face color, and smell. Eye color, face color, and smell are not technically legal grounds for probable cause so I fail to see how they are reasonable grounds either, in order to request an FST. I was being asked to get out of the car for the reason of FST, which I did not determine to be legal, due to the above. If it was just a simple request to get out it would be different in that regard, but they were telling me to get out on the basis that I had demonstrate I could drive (FST).

    Me forgetting my phone is my fault, yes. They officers still don't have the right to deny me my right to counsel though. They were supposed to provide me a phone & 24/7 lawyer contact from inside the barracks according to the DMV judge, but the officers refused to, even though I repeatedly told them I want counsel. Correct, this is the reason as to why I still have my license.

  2. #2
    Join Date
    Jun 2014
    Posts
    3,212

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

    Behavior like this is what can get a person killed.

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

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

    That YOU personally "fail to see" how this is reasonable grounds does not mean it isn't. And that you were treated roughly and charged with what you are charged with means nothing except that you and the officers had a different viewpoint, and sharing your viewpoint, as well as your arguments at that particular time, were inappropriate, if not totally off base.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

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

    You don't really believe that they're require to deliver an attorney to you at the side of the road, do you?

    No, you couldn't really believe that. I must be misunderstanding you.

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