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
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?