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ScanGwinnett Forums - Arrested for not having a valid license/ License Is Valid
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Arrested for not having a valid license/ License Is Valid

 
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Almir
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PostPosted: Tue Jul 27, 2010 11:31 pm    Post subject: Arrested for not having a valid license/ License Is Valid Reply with quote

Im only 18 years old, and I've been pulled over for my taillights the cop asked me for my drivers license and I gave it to him he comes back and says that my license was not valid, I know for sure my license is valid or else i wouldn't be driving. so I ended up going to jail for no valid license and name/address change. The next day i went to the LPD and asked them if my license was valid and if I could drive they said it was. I even called the DMV and they said it was valid i went to dmv to double check and they said my license was valid. Now I recived a court letter


Notice of intent not to prosecute

Comes now the solicitor of the state court, by and through the undersigned prosecuting attorney and files this notice showing that the above styled case will not be prosecuted at this time. this notice is being filed pursuant to the due and proper exercise of prosecutorial discretion, in the interests and judicial economy, and for the following reasons:


Although there appears to be sufficient probable cause for the issuance of a warrant/citation, there does not appear to be sufficient evidence to prove guilt beyond a reasonable doubt...


So what are they really saying in this letter, What should I do any suggestions. I would appreciate all your help. I never been arrested before or had any previous tickets.


Thank you
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StreetSamurai
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PostPosted: Wed Jul 28, 2010 12:22 am    Post subject: Reply with quote

How many citations were there total?

Are you out any money?
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diamond_dave
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PostPosted: Wed Jul 28, 2010 1:36 am    Post subject: Reply with quote

The letter you received means they've dropped the charges, since apparently your license was valid at the time you got pulled over. Probably a glitch in the computer. My only other advice to you is to see how long it takes to apply for expungement of the arrest, since there is now a record of your arrest and it MIGHT come back to haunt you at some time. Unlikely, but a similar incident I had twelve years ago delayed me starting a job for two weeks while they investigated the outcome of my case. Afterward, I went ahead and got it expunged.

I'm assuming that you're only out the impound fee for your car. If you were bonded out of jail, you should be returned the entire amount. Sucks, but there's likely nothing you can do, except maybe go public with the fact that maybe the county's computers or data entry methods needs to be updated so nobody else gets jailed over incorrect license information in the computer.
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Almir
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PostPosted: Wed Jul 28, 2010 1:58 am    Post subject: Reply with quote

StreetSamurai wrote:
How many citations were there total?

Are you out any money?



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Almir
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PostPosted: Wed Jul 28, 2010 2:01 am    Post subject: Reply with quote

diamond_dave wrote:
The letter you received means they've dropped the charges, since apparently your license was valid at the time you got pulled over. Probably a glitch in the computer. My only other advice to you is to see how long it takes to apply for expungement of the arrest, since there is now a record of your arrest and it MIGHT come back to haunt you at some time. Unlikely, but a similar incident I had twelve years ago delayed me starting a job for two weeks while they investigated the outcome of my case. Afterward, I went ahead and got it expunged.

I'm assuming that you're only out the impound fee for your car. If you were bonded out of jail, you should be returned the entire amount. Sucks, but there's likely nothing you can do, except maybe go public with the fact that maybe the county's computers or data entry methods needs to be updated so nobody else gets jailed over incorrect license information in the computer.




Thanks, So If they did have a glitch in the computer and took me to jail for no reason, Do you think I have the right to sue. I never been to jail before since they had a glitch in the system i feel like they took me to jail for no reason, gave me and my family stress and I've surprised alot of peoplee when i came out of jail. Because Im not that type or person to go to jail for something i didnt even doo
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PostPosted: Wed Jul 28, 2010 2:10 am    Post subject: Reply with quote

Almir wrote:

Thanks, So If they did have a glitch in the computer and took me to jail for no reason, Do you think I have the right to sue.


You were charged with two offenses. One was dropped. So you were stilled charged with the one offense.

What would you sue for?

You can always sue, this is America. But in most civil cases the thing you have to prove is 'damages'. How were you damaged? If you violated the law, then the arrest was legal.

Almir wrote:
I never been to jail before since they had a glitch in the system i feel like they took me to jail for no reason, gave me and my family stress and I've surprised alot of peoplee when i came out of jail.


I'm not giving legal advice. If you want that, you need to ask a lawyer. There are many lawyers that will give you a free consultation, I suggest you look one up.

But generally the "stress" thing isn't going to fly. You have to show where you were out any money or otherwise "not made whole".

Almir wrote:
Because Im not that type or person to go to jail for something i didnt even doo


Before you break your arm hammering those nails into your cross, let's remember that you are still accused of committing one crime. Granted, it's a crime that few people go to jail over, but it is still an offense.
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Almir
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PostPosted: Wed Jul 28, 2010 2:43 am    Post subject: Reply with quote

I think I have the right too, You cant just take somone to jail for not having their name or address changed when I lived at one place for well over 10 years still live at the same location. neither one of this tickets was spouse to be given but the cop was an asshole and decided to take me to jail for no particular reason, When I was sitting in the back of the police car I saw the officer pull up my license information and it said valid. So I still dont understand why he would take me to jail even if there was a glitch in the system was it my fault that they had an error, so they took me to jail I think thats fuked up. I am a girl do you kno what its like for a girl to get arrested and all of your friends and their families know about it even if it wasnt that big of a deal. Im going to sue the cop not the county the officer didnt know what he was doing. You cant just take people to jail. I felt bad becuase I knew my license wasnt suspended and that i never moved. I have been a resident in lawrenceville for 10 years now in the same house. So this cop really gave me hard time
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StreetSamurai
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PostPosted: Wed Jul 28, 2010 3:15 am    Post subject: Reply with quote

Okay, Almir. I was on your side until that last post.

I don't think you're being completely honest. At any rate, my "advice" begins and ends at "go ask an attorney".

I think there's more to this story and since the cop's not here to defend himself, I think you should take it somewhere else. If you have a complaint, file it with his department.
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Almir
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PostPosted: Wed Jul 28, 2010 3:38 am    Post subject: Reply with quote

StreetSamurai wrote:
Okay, Almir. I was on your side until that last post.

I don't think you're being completely honest. At any rate, my "advice" begins and ends at "go ask an attorney".

I think there's more to this story and since the cop's not here to defend himself, I think you should take it somewhere else. If you have a complaint, file it with his department.


I am being honest thats exactly what happend, I have said eveything as it happened becuase im trying to find out what I can do so my story is 100% straight no bullshit. Thats exactly what happened, I will talk to an attorney about this I just wanted to see if I could get some advice or if anyone had any suggestions, maybe it wasn't the cops fault like said in previous comments there could of been a glitch. but I am so going to sue the county for this for my impound fee's for all the stress they caused me and my family to go through, after i told my parents what happend they couldnt belive and everyone that i've told what happen found it strange to belive becuase there's always a reason to take somone to jail this cop didn't have a good reason to do this, Im not going to blame him but i sure as hell will discuss more about this with my lawyer
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PostPosted: Wed Jul 28, 2010 4:01 am    Post subject: Reply with quote

Good luck. Also remember that anything gleaned from the internet- including posts you made- are admissible in court.
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