My question involves a driver's license issued by the State of: New Jersey
So this is a two part question. One what do we do about the suspension due to DMV error and two do we have any recourse against the cop for injuring my wife during the arrest if it ends up being a major injury that possibly involves surgery. We haven't completed all the medical tests yet waiting on the MRI so we are not sure exactly whats wrong the dr only has a couple theories ranging in severity. my wife got a seat belt ticket we were going through a really tough time money wise and honestly forgot about the ticket until we got a letter in the mail saying her license would be suspended if she did not come in and pay 106 dollars. We got the money together and were able to pay the morning of Feb 2nd 2018. Which was the day before it was supposed to be suspended. So we paid it and we asked the clerk there if this would fix the suspension. All she told us was to check with the DMV. So i called my dad as he works at the DMV and was currently at work to see what we should do and if it had been suspended how much it would cost to reinstate her license. He ran her license and it came up in good standing not suspended. I had him run it again the next two days to confirm. He told us she was all good so we did not run it again. Feb 22 my wife was parked at work (she works at law firm) The cop must have ran her plates before she came out because she saw him parked right before her parking lot. She pulled out of the parking lot got about 5-10 ft and she was pulled over. Cop comes up to window she politely asked the officer why he was pulling her over as she barely drove and had done nothing wrong so she was utterly confused. The cop said I'll tell you in a minute give me your license registration and insurance. So she did and he then asked her to get out of the car and told her that her license was suspended. She said its not suspended i took care of that ticket and please if you allow me to go into my car i can show you the ticket and receipt that it has been paid. He let her and then looked at it and says it doesn't matter your license is coming up suspended so I am going to have to arrest you. She started crying and telling him this is a mistake. I had my license run by the DMV three times and it never came up suspended. The cop told her that who ever told her that was wrong.
The cop hurt her on purpose after she told him that she has a bad shoulder and she did not think she could put her hands all the way behind her back because she did not have full range of motion in her left shoulder) So she begged him to not cuff her or if he had to, to make it so it's not tight maybe use two cuffs together or to cuff her right hand to the door whatever he had to do to not injure her shoulder. He did not listen to her she put her arm as far as she could behind her back it wasn't enough so he pulled it all the way and put the cuffs on so tight that she actually had red marks on her wrist for hours after she was released. She was in extreme pain begging him saying please just make them a little more loose. He laughed and said no and then told her she had to stop crying he didn't want to hear it. She is a 54 year old woman who has a completely clean driving record. This was her only ticket in 10 years. Never been arrested. He treated her like crap laughed at her, smiled at her when she said she was in extreme pain so bad that she ended up in the hospital the next morning and now has to get an MRI because they suspect a possible tear in her rotator cuff. Not sure what to do about this part of it does she have possible recourse against the cop for the injury especially if she needs surgery? Right now she can not lift her arm at all and has numbness and tingling from her neck to her finger tips and also shooting pains. She literally can not use her dominant arm and hand at all. It was not this bad prior to being arrested in fact she had gone awhile without pain and even during a flares she always had use of her hand and arm it would just have some muscle spasms and causing an aching feeling. Nothing a couple days on a heating pad Ibuprofen and bengay could not fix. My wife is so traumatized by what happened to her, how she was treated and the injury, she is having nightmares as this has triggered her PTSD.
She was processed, then released and given a court date of March 6th. The police station blamed her for it saying she should have brought the ticket to the DMV with the receipt and this never would have happened.But not one person told us we needed to do that. Not the clerk at the police station when we asked what we needed to do. She just said we needed to check with the DMV to see if it was or was not suspended, not go there and show this to them so you don't get suspended. She called a cab and went straight to the DMV where they informed her it was an error and that her license was never suspended so she did not have to pay to get her license back they just fixed the system where it showed to the police she was suspended. The director of the DMV told the DMV agent to provide her an abstract of her license free of charge to take to court to prove it was never suspended and that this was their error. My father said normally they provide letters that say that it was a DMV error but they do not currently have a commissioner to sign the letters so they can not provide her one but say that the abstract will be enough. But i am so worried that it wont be enough and she will end up with this charge not being dismissed. This could possibly ruin her career as she works at a law firm and she lost her Job on Feb 2nd where she was on the 22nd was only a per diem job. She is our only income as I am currently disabled from a work injury. We literally can not afford for her to not be able to get a job because of a mistake from the DMV. We have two kids and one is an adult with special needs who needs so much care and then a 4 year old. Is the abstract really enough? Is this something we can do without a lawyer? We really cant afford one at all. But everyone is telling us we just have to show the abstract to the prosecutor, explain the situation to him and charges will be dropped.
I thank you in advance for any guidance you can give me it would be so appreciated.
So this is a two part question. One what do we do about the suspension due to DMV error and two do we have any recourse against the cop for injuring my wife during the arrest if it ends up being a major injury that possibly involves surgery. We haven't completed all the medical tests yet waiting on the MRI so we are not sure exactly whats wrong the dr only has a couple theories ranging in severity. my wife got a seat belt ticket we were going through a really tough time money wise and honestly forgot about the ticket until we got a letter in the mail saying her license would be suspended if she did not come in and pay 106 dollars. We got the money together and were able to pay the morning of Feb 2nd 2018. Which was the day before it was supposed to be suspended. So we paid it and we asked the clerk there if this would fix the suspension. All she told us was to check with the DMV. So i called my dad as he works at the DMV and was currently at work to see what we should do and if it had been suspended how much it would cost to reinstate her license. He ran her license and it came up in good standing not suspended. I had him run it again the next two days to confirm. He told us she was all good so we did not run it again. Feb 22 my wife was parked at work (she works at law firm) The cop must have ran her plates before she came out because she saw him parked right before her parking lot. She pulled out of the parking lot got about 5-10 ft and she was pulled over. Cop comes up to window she politely asked the officer why he was pulling her over as she barely drove and had done nothing wrong so she was utterly confused. The cop said I'll tell you in a minute give me your license registration and insurance. So she did and he then asked her to get out of the car and told her that her license was suspended. She said its not suspended i took care of that ticket and please if you allow me to go into my car i can show you the ticket and receipt that it has been paid. He let her and then looked at it and says it doesn't matter your license is coming up suspended so I am going to have to arrest you. She started crying and telling him this is a mistake. I had my license run by the DMV three times and it never came up suspended. The cop told her that who ever told her that was wrong.
The cop hurt her on purpose after she told him that she has a bad shoulder and she did not think she could put her hands all the way behind her back because she did not have full range of motion in her left shoulder) So she begged him to not cuff her or if he had to, to make it so it's not tight maybe use two cuffs together or to cuff her right hand to the door whatever he had to do to not injure her shoulder. He did not listen to her she put her arm as far as she could behind her back it wasn't enough so he pulled it all the way and put the cuffs on so tight that she actually had red marks on her wrist for hours after she was released. She was in extreme pain begging him saying please just make them a little more loose. He laughed and said no and then told her she had to stop crying he didn't want to hear it. She is a 54 year old woman who has a completely clean driving record. This was her only ticket in 10 years. Never been arrested. He treated her like crap laughed at her, smiled at her when she said she was in extreme pain so bad that she ended up in the hospital the next morning and now has to get an MRI because they suspect a possible tear in her rotator cuff. Not sure what to do about this part of it does she have possible recourse against the cop for the injury especially if she needs surgery? Right now she can not lift her arm at all and has numbness and tingling from her neck to her finger tips and also shooting pains. She literally can not use her dominant arm and hand at all. It was not this bad prior to being arrested in fact she had gone awhile without pain and even during a flares she always had use of her hand and arm it would just have some muscle spasms and causing an aching feeling. Nothing a couple days on a heating pad Ibuprofen and bengay could not fix. My wife is so traumatized by what happened to her, how she was treated and the injury, she is having nightmares as this has triggered her PTSD.
She was processed, then released and given a court date of March 6th. The police station blamed her for it saying she should have brought the ticket to the DMV with the receipt and this never would have happened.But not one person told us we needed to do that. Not the clerk at the police station when we asked what we needed to do. She just said we needed to check with the DMV to see if it was or was not suspended, not go there and show this to them so you don't get suspended. She called a cab and went straight to the DMV where they informed her it was an error and that her license was never suspended so she did not have to pay to get her license back they just fixed the system where it showed to the police she was suspended. The director of the DMV told the DMV agent to provide her an abstract of her license free of charge to take to court to prove it was never suspended and that this was their error. My father said normally they provide letters that say that it was a DMV error but they do not currently have a commissioner to sign the letters so they can not provide her one but say that the abstract will be enough. But i am so worried that it wont be enough and she will end up with this charge not being dismissed. This could possibly ruin her career as she works at a law firm and she lost her Job on Feb 2nd where she was on the 22nd was only a per diem job. She is our only income as I am currently disabled from a work injury. We literally can not afford for her to not be able to get a job because of a mistake from the DMV. We have two kids and one is an adult with special needs who needs so much care and then a 4 year old. Is the abstract really enough? Is this something we can do without a lawyer? We really cant afford one at all. But everyone is telling us we just have to show the abstract to the prosecutor, explain the situation to him and charges will be dropped.
I thank you in advance for any guidance you can give me it would be so appreciated.
Suspension and Revocation: DMV Error Lead to Suspension of License and an Arrest That Caused an Injury
Aucun commentaire:
Enregistrer un commentaire