I was arrested recently with a conditional license after being caught speeding and inspection was past due.
had fulfilled all requirements to get license back to full status, except for a 500 dollar fine paid to DMV
Was called by the court clerk stating that everything was “valid” and the cop made an error when charging me with aggravated unlicensed operation – in the2nd degree ( because apparently that was not the right charge). The clerk said the misdemeanor has been dropped.
supposedly the penalties for that charge could be harsh- do i have a lawsuit?
Aggravated unlicensed operation of a motor vehicle in the second degree is a misdemeanor. When a person is convicted of this crime under subparagraph (i) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars; and (ii) a term of imprisonment not to exceed one hundred eighty days; or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. When a person is convicted of this crime under subparagraph (ii), (iii) or (iv) of paragraph (a) of this subdivision, the sentence of the court must be: (i) a fine of not less than five hundred dollars nor more than one thousand dollars; and (ii) a term of imprisonment of not less than seven days nor more than one hundred eighty days, or (iii) where appropriate a sentence of probation as provided in subdivision six of this section; or (iv) a term of imprisonment as a condition of a sentence of probation as provided in the penal law and consistent with this section. – See more at: http://codes.findlaw.com/ny/vehicle-and-traffic-law/vat-sect-511.html#sthash.CcAIeAFx.dpuf
You are charged with a serious crime. You are making a critical mistake – taking legal advice from court personnel. They do not have your best interest at heart.
You can read about aggravated unlicensed operation here. Then, give us a call. When you retain our office you will be happy you did. You don’t have to just take my word for it. Check out what our past clients say about us in their own words here.
We can be reached toll free 24 / 7 at 1-877-996-6849 (1-877-99-No-Tix). You can also e-mail us at the e-mail address below. In fact, the easiest thing to do is to scan and e-mail us the ticket with your phone number for a rapid reply for a no cost, no obligation phone consultation.
The standard is not whether the police acted perfectly – only whether the police acted reasonably given the available information. Also, depending how long you were in custody and what expenses you incurred fighting the charges, your damages may be too meager to make the case economically wise.
Bottom line, lawsuits are expensive, and seldom worth it for “the principle” or because you feel you suffered some injustice.
Of course, no one is telling you not to enforce your rights; but you should understand you may wind up spending more than you would ever recover.
The juries in the Judson valley are not great for police brutality cases. It would appear that the cop made an error which he should not have made. The question is is what are your damages? Were you arrested? (probably) How long were you locked up?
