Full question:
Wen I was pulled over for speeding, they had ran my license, it came up as being suspended for a whole year which I was unaware of. I had a previous speeding ticket in the same county in which I paid in full. They had no ther reason to put me in jail because I had proof that I paid my ticket, and which my license should't of been suspended. They failed to notify the DMV about me paying my ticket. I feel that wasn't my fault and they owe me for mental distress, embarrassment, bond fees, and anything else I deserve.
- Category: Civil Actions
- Date:
- State: Georgia
Answer:
Wrongful arrest occurs when a person is arrested without legal authority. This can include arrests made without proof, improper procedures, or lack of just cause. If you can prove that your arrest was wrongful, you may have grounds for a civil lawsuit for damages such as mental distress.
Under Georgia law, false imprisonment is defined as the unlawful arrest, confinement, or detention of a person (Ga. Code Ann. § 16-5-41). If an officer executes an arrest warrant that is manifestly illegal and shows malice, they may face criminal penalties (Ga. Code Ann. § 16-5-42).
In your case, if the arrest was based on an incorrect suspension of your license, and you can demonstrate that you paid your previous ticket, you may have a valid claim for wrongful arrest. Consider consulting with a legal professional to explore your options.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.