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Old 10-07-2009, 02:41 AM   #1 (permalink)
Camerous
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Need some legal Advice

Yes I know getting advice from FoH is usually a bad idea but I figured wth I have tried taking care of this on my own and our company attorney doesn't want to get involved so here we go. Bare with me cause it's a pretty long story and it needs some history to make it all make sense.

Ok back in March '03 I got a speeding ticket in Marietta GA. I paid the ticket but didn't keep the receipt.

I am driving around Cherokee County in Aug of '04 and get pulled over after passing a cop. He runs my licenses and sees that I have a FTA (Failure To Appear)warrant, which is a bench warrant taken by the court when you don't show up. So the cop arrests me and writes me a driving on suspended license ticket as well as a speeding ticket, which was for 3 miles over the speed limit. I go to jail and pay 2100 bucks to get out.

I go to the court date. I talk to the DA and tell him I paid the ticket and that because I did I didn't know my licenses were suspended and that I was never notified they were. He says he doesn't even see where a bench warrant was ever issued in the first place but since I had already given them the 2100 he would take the fine for the speeding ticket out of that and mail me the rest back because there were no records I paid it and I had no way of proving it. I asked what about the driving on suspended license charge in Cherokee County? He says to take the transcript of the court case and the fact that the bench warrant was never issued to the county court house and show them so they will throw the ticket out. I do. They say that they are sorry for the mix up and will correct it and that I should have never been taken to jail. I brush it off and say WTF ever just don't do it again.

In 2006 I go to get me license renewed. They have to do a complete driving record run to make sure there are no out standing warrants before they can issue them to me. My record is clean.

In 2006 I sold the truck I got pulled over with in 2004.

In 2007 I buy a new car and have to have insurance put on it. They do a complete driving record history. It's clean.

In April 2009 I have a full criminal, driving, and finacale reports pulled by the DeFACs office. All come back clean.

In 2009, 3 months ago, I buy another new car and same thing with the insurance... record is clean.

Tonight a cop pulls me over, the details of which are not important to this discussion. When he runs my license it comes back I have a FTA warrant on there from 2008. I said there is no way. He looks it up and the vehicle in question is a '99 Ford ranger... a truck I haven't owned in almost 4 years. I tell him that there is no way that is true cause I sold the truck back in 2006. He says well he doesn't know what to tell me but it's there. So he takes me to jail.

I get to jail and tell the guy there that there is no way it's the '99 ranger because I sold it in 2006. He then says wait a min and leaves. When he comes back he has the ticket from 2004! It says I never paid it even though I had already went and showed them the court documents proving the FTA warrant was never filed. I also show him my license and the date they were renewed and ask if there was a warrant out for me then why didn't I get arrested then.. the fucking arrogant prick tells me, "Well it's not a perfect system at least we got you now." I say "Well since you just admitted your system sucks could it not be that you have made yet another mistake?" He grins and says, "Maybe."

I have the court documents from 2004. I have the receipt from where I paid the fine for the ticket from 2003. I also had to pay them another 2100 tonight to get out of jail. They have also written me another driving on suspended licenses ticket and say that I have to be in court next month.

My questions are...

How do I fight this?
What is the best course of action for me to take?
How can I make sure this never happens again? I am fucking tired of going to jail.
Can I make them pay me back the 125 fee for getting out of jail and the 1900 that I had to put up for bail?
What legal rights do I have for compensation for all the BS I have had to endure because of this?

I am so sick and tired of this fucking bull shit. I am tired of always being at the mercy of incompetent people and their retarded ways. It's about time some one was held accountable for what has happened. I want justice and at the very least my money back.

Any help would be appreciated.
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Old 10-07-2009, 04:24 AM   #2 (permalink)
Northerner
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Bring all your stuff to the court date and explain matters to the judge. I'm no lawyer but it seems pretty viable to me.
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Old 10-07-2009, 06:29 AM   #3 (permalink)
chu
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Start driving in a civilized manner and stop getting pulled over dickweed.
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Old 10-07-2009, 06:42 AM   #4 (permalink)
k^M
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Quote:
Originally Posted by Camerous View Post
Tonight a cop pulls me over, the details of which are not important to this discussion.
After reading through all of that story, why leave this part out? Were you snorting coke off a hookers ass through a limo roof or smuggling illegals across the border?

Bring the shit to court and it's cut and dry. Step-dad had the same shit happen, sold a vehicle, has the papers to prove it, but the person who bought it never registered it so it was still in his name when they crashed the car and he had to explain it away to a judge.
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Old 10-07-2009, 06:52 AM   #5 (permalink)
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Uh, get a lawyer?
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Old 10-07-2009, 07:12 AM   #6 (permalink)
Camerous
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Quote:
Originally Posted by k^M View Post
After reading through all of that story, why leave this part out? Were you snorting coke off a hookers ass through a limo roof or smuggling illegals across the border?

Bring the shit to court and it's cut and dry. Step-dad had the same shit happen, sold a vehicle, has the papers to prove it, but the person who bought it never registered it so it was still in his name when they crashed the car and he had to explain it away to a judge.
Nah.. guy said I didn't come to a complete stop at a stop sign... then says eh followed me for 5 miles and got me going 40 in a 25. Reason I didn't post it was that it has no bearing on the case at hand so was no point in telling it *shrugs*
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Old 10-07-2009, 07:33 AM   #7 (permalink)
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My advice is to talk to a lawyer.
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Old 10-07-2009, 08:05 AM   #8 (permalink)
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Quote:
Originally Posted by Camerous View Post
Nah.. guy said I didn't come to a complete stop at a stop sign... then says eh followed me for 5 miles and got me going 40 in a 25. Reason I didn't post it was that it has no bearing on the case at hand so was no point in telling it *shrugs*
That cop is either making it up, or he was exceptionally bored. There's no way an officer trails you like this just for no reason.

Was this in Marietta again? Police in that city are *absolute cocksuckers*.
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Old 10-07-2009, 08:38 AM   #9 (permalink)
Camerous
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Nah it was in the little town of Nelson. Apparently they hired this guy to come up here from Atlanta to write tickets. He said that he hadn't written any tickets that night and even though they can't force him to write tickets they frown on it when he doesn't write at least 1 a night. I got to be the lucky one!
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Old 10-07-2009, 08:40 AM   #10 (permalink)
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Figures. Atlanta cops don't do fuck all when they're actually in Atlanta, but let one moonlight in the sticks somewhere and they'll go all Magnum PI on you.

I've never had a good experience with the police in Atlanta or any of the edge cities, even when it was me calling them and in distress.
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Old 10-07-2009, 08:44 AM   #11 (permalink)
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As your internet attorney I would advise you to retain the services of a real attorney.

That will be $2100.00.
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Old 10-07-2009, 08:59 AM   #12 (permalink)
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That happened to me and I have never had a speeding ticket. The officer said I ran a red light, it just turned yellow. I disputed it on court day (not a real court), and requested the videos be pulled to show HE ran a red light, not me. He didn't show up for court and it was dropped.

I broke down about a year later and the cop who came to help me told me I had a warrant. I had my son with me who was a year old, and he cuffed me like a criminal. They put me in a holding cell with a prostitute, 2 crackheads and a woman who KILLED her boyfriend. They also took my bra after a search. As if Id use it as a weapon or something.

I decided not to pay bail as I wanted to speak to the judge which I got to 14 hours later. I had my friend bring all records I fortunately saved and showed them all. I told them I could sue if I wanted to, but wanted to defend myself instead and make sure when my record was pulled again, the most they'd do is wish me a nice day.

I was given a check to cover towing costs of my car, and a check for $175.00 with the memo: Inconvenience Fee.

I was never bothered again, but it was scary. I'm a petite cracker who had no business being in a cell with Cincinnati's Finest Criminals. It was so bad they took my side and yelled at the guard about how I had no reason to be there. I'm sure they still think of me, their little "cracker girl".

Get your shit, take it to court and stand up for yourself or get a lawyer. Also, use a check to pay next time!
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Old 10-07-2009, 09:05 AM   #13 (permalink)
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Quote:
Originally Posted by Ravvenn View Post
That happened to me and I have never had a speeding ticket. The officer said I ran a red light, it just turned yellow. I disputed it on court day (not a real court), and requested the videos be pulled to show HE ran a red light, not me. He didn't show up for court and it was dropped.

I broke down about a year later and the cop who came to help me told me I had a warrant. I had my son with me who was a year old, and he cuffed me like a criminal. They put me in a holding cell with a prostitute, 2 crackheads and a woman who KILLED her boyfriend. They also took my bra after a search. As if Id use it as a weapon or something.

I decided not to pay bail as I wanted to speak to the judge which I got to 14 hours later. I had my friend bring all records I fortunately saved and showed them all. I told them I could sue if I wanted to, but wanted to defend myself instead and make sure when my record was pulled again, the most they'd do is wish me a nice day.

I was given a check to cover towing costs of my car, and a check for $175.00 with the memo: Inconvenience Fee.

I was never bothered again, but it was scary. I'm a petite cracker who had no business being in a cell with Cincinnati's Finest Criminals. It was so bad they took my side and yelled at the guard about how I had no reason to be there. I'm sure they still think of me, their little "cracker girl".

Get your shit, take it to court and stand up for yourself or get a lawyer. Also, use a check to pay next time!

Wait, you're from Cincinnati? I'm from Cincinnati. We should hang out.
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Old 10-07-2009, 09:09 AM   #14 (permalink)
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Quote:
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Wait, you're from Cincinnati? I'm from Cincinnati. We should hang out.
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Old 10-07-2009, 09:17 AM   #15 (permalink)
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Hah, I went from top 5 most dangerous city to top 5 safest. I haven't lived there in 7 years, or in the tristate for 6 (xfer from UC to NKU). I've been in CA for 6 years this December. I visit there once a year to see family but half is in Bright, IN now and the rest in Northern KY. I always hit Newport on the Levee and go to that bar with live music on the river next to Hooters. A friend (JC) plays there (Also drummer for Wish You Were Here tour).

I didn't live in the city, I was in a Mayberry-esque town. Went to school in the city and worked there, too. OTR can suck it!
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