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  1. #1
    Join Date
    Jan 2008
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    8

    Default Can You Get Monetary Damages After Dismissal Of Mistaken Charge

    Hello,im from northwestern Tennessee.

    First of all this may be the wrong forum and i apologize,if so just let me know.Its confusing because there are so many different legal problems that have came from this situation.

    Anyway, over a year and a half ago i plead guilty to Driving under the influence and did everything i was supposed to do. While under my restricted license driving back and forth to work monday-saturday, my friend borrowed my car and was spotted out on a sunday and his identity was mistaken for mine. The vehicle was spotted by an off duty officer who didnt pull the vehicle over nor call it in therefore he just assumed it was me.This led to driving on revoked charges being filed against me and me going to jail and my car being seized by TDOS.

    Well, i beat the TDOS at their own unfair civil forfeiture game and as well apparently beat the state on the driving on revoked charges as they are being dismissed on costs after nine months of worry and struggle to make it to work without a vehicle and wondering if i would ever get to keep my driving privelages again.

    Can i ask for monetary damages?

    The way i understand it is, if the officer did all this in bad faith then yes i can but i have to prove it.

    The transcripts from the TDOS hearing will show that he stated that,himself and some of his fellow officers were sitting around in the break room talking about me in particular and the issue of me not having a license came up so he came to arrest me on a tuesday after supposedly seeing me driving on a sunday.

    My feelings are,these officers were just looking for a way to make my life a living hell. Im sure the way he tells it sounds like normal investigative yap. But the way it truly happened was more like "Hey i dont like this guy, lets get something on him if we can."

    The officer he is referring to when this conversation in the break room came up JUST HAPPENS to be the woman i was dating at the times childs father. If that doesnt tell you the story then i dont know what will, But proving this in a court room and making the monetary award worthy of being harrassed the rest of my days as i live in this county these guys patrol are what im contemplating.

    I know there will be a lot of snotty remarks made here, but let me just say i have battled this far -im not going to let it go now that i have them by the nap and the momentum is going my way.Unless its in my best interest to do so.

    Thank you for any reply.

  2. #2

    Default Re: Can I Ask For Monetary Damages After Dismissal Of Mistaken Charge?

    Quote Quoting troubleintn
    View Post
    Can i ask for monetary damages?
    Quote Quoting troubleintn
    View Post
    The way i understand it is, if the officer did all this in bad faith then yes i can but i have to prove it.
    and there you have it. Sounds to me like it will be a he said/she said type case. In which case, who do you think a jury will believe, you a criminal or a respected sworn officer of the court?

    Not trying to be rude but that's the reality. But hey, go for it, maybe I am wrong. What have you got to lose?

  3. #3
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Can I Ask For Monetary Damages After Dismissal Of Mistaken Charge?

    Even if the officer was wrong, that does no imply bad faith or any kind of malicious intent on the part of the officer.

    The reason the issue was likely dropped or dismissed was because there WAS some reasonable doubt as to the identity of the driver. Uh ... you DID have the ACTUAL driver come forth to state that HE was driving, correct? (If not, then your civil case might be made all the more difficult.)

    If you think you might have a case, you should consult an attorney who can take the entire hullabaloo and see if there is some angle you can pursue for compensation. Such a thing is rare, but there are circumstances that might allow you to receive compensation.

    - Carl

  4. #4
    Join Date
    Jan 2008
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    8

    Default Re: Can I Ask For Monetary Damages After Dismissal Of Mistaken Charge?

    Quote Quoting JLoh1970
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    and there you have it. Sounds to me like it will be a he said/she said type case. In which case, who do you think a jury will believe, you a criminal or a respected sworn officer of the court?

    Not trying to be rude but that's the reality. But hey, go for it, maybe I am wrong. What have you got to lose?
    criminal? lol, i have a dui on my record going on 2 years ago,that is all.
    A sworn officer? yeah, a sworn officer who made so many mistakes in this case he should be let go due to incompetency.On top of that he contradicted his story repeatedly at the tdos hearing and the stenographer was typing every word he said to prove this.

    Im not trying to be rude either, guess its just one of those situations that you have to be around personally to understand.

  5. #5
    Join Date
    Jan 2008
    Posts
    8

    Default Re: Can I Ask For Monetary Damages After Dismissal Of Mistaken Charge?

    Quote Quoting cdwjava
    View Post
    Even if the officer was wrong, that does no imply bad faith or any kind of malicious intent on the part of the officer.

    The reason the issue was likely dropped or dismissed was because there WAS some reasonable doubt as to the identity of the driver. Uh ... you DID have the ACTUAL driver come forth to state that HE was driving, correct? (If not, then your civil case might be made all the more difficult.)

    If you think you might have a case, you should consult an attorney who can take the entire hullabaloo and see if there is some angle you can pursue for compensation. Such a thing is rare, but there are circumstances that might allow you to receive compensation.

    - Carl
    I know if he made an honest mistake it doesnt imply he did all this in bad faith, but the situation was, i was dating his best friends babies mother. I had already been harrassed for a month before this by different officers on the same squad. If it was an honest mistake trust me, i would let it go just to get away from these jerks.

    And no they didnt drop it because there was reasonable doubt they dropped it because they NEVER HAD IT.It was all a game, just to get court cost out of me.I thought everyone knew how the capatilist politicians and lawmen worked? No, the driver never entered the court room, it was dismissed the first day i was to appear at circuit court before the hearing even began.

    Civil case has already been heard, driver did come forth in that one and we are awaiting decision.

    I know i have read the statutes on this in my state. From everything i have looked at im allowed to ask for compensation for rental value of a car like the one i own for the amount of time they had possession (9 months and ongoing) the kicker is it cant exceed the value of the car which is around 12k but what if it was only 200 bucks but my only mode of transportation? wow, thats messed up to think about!Means i could have missed 9 months of work,lost my home,lost my job, lost my car, and only A POSSIBILITY i would get 200 bucks and a dismissal without even getting a "we are sorry"!

    The real question i have is can i go for any other type of suit, like missed work , punitive etc.

    LOL i know its the state and if they found a way they would smear me all over the map.But i feel like i-as well as every other wrongfully accused facing a civil forfeiture case-deserve compensation.

    Thanks for the replies guys, later.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Can I Ask For Monetary Damages After Dismissal Of Mistaken Charge?

    To determine if you have a cause of action against anyone, you will need to consult an attorney who can review the entire situation and all relevant documents. Even then, be very wary if an attorney asks for money up front as that usually means he does not have a great deal of confidence for victory, or, that the financial reward in the end will not make it worth his time.

    - Carl

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