Criminal Law Questions? Ask a Criminal Lawyer.
So your question is do you have recourse to recoup your money for a false arrest and an impounding of your car
were my rights violated,by the way,we asked another police officer if the drivers license was valid and he say,s yes.
I will represent to you that it is very difficult to recover civilly against a police department. Number one concern being that not many attorney's around town will take a case where the police department or an individual officer is the defendant. This is because attorney's work every day with law enforcement,and it would have to be an egregious injustice where there was no choice. Unfortuantely, since you did make a statement toward the officer, no matter how innocent, he had the authority to warn you, but I do not think he had probable cause to arrest you for obstructing governmental operations. Fortunately for your son, if his license was valid at the time of the arrest,and that was the charge against him, the DA should simply dismiss it. However, as far as having your costs reimbursed for your vehicle being impounded and for a false arrest, it is unlikely you could recoup those monies. It would cost you more to pursue the action with a lawyer than the amount you are actually seeking. I know this is not the answer you wanted, but it sounds as though both the charges against your son and yourself should simply be dismissed.
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