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CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 28329
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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Release property n drop charge of driving on a suspended

Customer Question

release property n drop charge of driving on a suspended license when there were no traffic violations nore traffic tickets ordered. no probable cause for search and seizure of person and property
Submitted: 2 years ago.
Category: Traffic Law
Expert:  CriminalDefense replied 2 years ago.

Good morning. Is that what you would like to see happen with the case?

Customer: replied 2 years ago.
my rights where violated its cost me a greatr deal of money n a great job. At the minimum i want my vehicle released without having to spend another dollar. I can be happy with that and maby not file suit agienst the agency for all my loss n the time incarserated du to the violation of my 4th amendment rights
Expert:  CriminalDefense replied 2 years ago.

Thank you for the additional information. For the vehicle to be released, a court order would need to be obtained, or else they are going to demand payment for the vehicle. For that to happen, you are going to likely have to prevail. It is more then just a demand and based upon what you shared above, a motion to suppress the stop would need to be filed. It would need to be shown that there was no legal basis to stop the vehicle, which resulted in the discovery of the suspended license and impounding of the car. As such, if the suppress is granted, then the State will not be able to proceed and likely need to dismiss the case. At that time, you could ask for a court order signed by the Judge. Of course, the other route, if your rights were violated, is a civil lawsuit but that will take time, effort and money.

Expert:  CriminalDefense replied 2 years ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!