Wrongful vehicle seizer, due to DMV mistake........
Started by Alou545030 , Jun 19 2013 10:16 PM
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3 replies to this topic
Posted 19 June 2013 - 10:16 PM
What is my next step after???
The DMV failed to do their paperwork on time or correctly! I was pulled over for non-working headlight, the officer said my license was revoked, and my vehicle was seized as a result. DMV said my license was revoked on 6/11/12 but was issued to me on 7/24/12! After money spent the it turns out I was legal and all that should have happened was a fix it ticket. I am curious on the steps/action I should take to getting:
Money lost do to http://local-attorney-lawyer-search.com/rancho-cucamonga-attorney/ not being able to work;
Getting my vehicle back or cost of;
Having to pay for a new DL?
Posted 19 June 2013 - 10:57 PM
You didn't mention in what state this took place, and that matters because what remedy you have, if any, and how you pursue it are matters of state law. When did this occur? Have you recovered your car yet? If not, have you talked to the police department that is holding the car to see what you need to do to get the car? Have you talked to the prosecutor about dismissing the charge for driving without a license based on what the DMV has said? In short, there is a lot of information we don't have that would be needed to determine what you need to do. You might want to contact a local lawyer for assistance.
Posted 19 June 2013 - 11:36 PM
The state is Alaska, I was charged on 3/12/2013, the impound has the vehicle ( you can only recover the vehicle after time in lot $3,000,[twice what i paid for car] ), the officer involved said if i show licence i could retrive my car, but someone has to pay the towing company. Talk to the DA 2 days after ticket took paper work showing why i thought i was legal, ask what i could do to fix the situation, Da wanted 120 days with 90 days suspended in jail fines added suspension on DL. I hired a lawyer, they did research into case, after call to main DMV, found that i did not have any restrictions on DL. i was revoked for DUIx2 in 06/19/2011, paid my fines, complied with court orders and recieved my first ever DL on 7/24/2012, (punishment on 2nd DUI was DL suspension for 1yr.)
Posted 20 June 2013 - 05:26 AM
Governments are often immune to lawsuits unless they allow them under a tort claims act.
Talk to your lawyer but I suspect that you have nowhere to go with this.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
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