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Phillips Esq.
Phillips Esq., Attorney-at-law
Category: Traffic Law
Satisfied Customers: 19107
Experience:  B.A.; M.B.A.; J.D.
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This is crazy but TRUE here it goes....Two years ago I was

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Hello there,
This is crazy but TRUE here it goes....Two years ago I was driving my truck in the Santa Cruz mountains ( CA) where I lived for 10 years. My truck s tire axle popped which made my steering wheel go all the way left so I crossed a single lane ( where there was no traffic coming the other way thank goodness) and slammed on my brakes . So I was completely out of the roadway, on the shoulder, I slightly dented this guard rail but it wasn't a big deal and my truck was not operable at this point because the tire axle would need to be replaced. I hopped out of my truck and hitch hiked back towards my house which was about 20 min away. I was hopeing that I could beat a tow truck to get my neighbor to tow me instead so I could avoid the 600$ tow fee. He wasn't home and when I finally went back to my truck to check on it it was already gone(towed). I went to the tow place to asses my truck which had no police hold , no ticket nothing but a 600$ bill not including the work it would need. The next day a woman chp officer called my cell phone and asked me what happened and I told her what I just told you. She was acting strange and basically trying over and over to get me to say I was drinking and driving, which was crazy and not true. Obviously I said no ma'am 10 times about drinking and driving and she said "okay, thanks" at the end and that was that. Fast forward six months where my friend got pulled over for a taillight and the officer was training a newbie and asked us to step out of the car so they could search it. After running my license ,to my surprise, this other officer says I have to keep your license because it's suspended. I'm like"what for!?!" He says for refusing a breathalyzer test,which is insane because I have NEVER been offered one in my life. For the next year and a half until now I have been running around like crazy to the chp who told me to foto the police who told me to go to the DMV who told me to go to the da who told me to the chp over and over again like 5 rotations of no one helping me or giving me ANY information at all. Finally the da"s assistant just gave me a case number ***** she also told me that it says not only did I refuse a breathalyzer but also that I was arrested! I cannot have this crazy stuff on my record that DID NOT happen. Sorry so long... please help...
Laura
Customer: replied 1 month ago.
Also, I still don't have my license because I refuse to accept this nonsense. I have literally become homeless because I can't drive up the mountain where I lived. I have a SCI from falling 3 stories and really need a vehicle to get around.

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Do you have a Court date?

Thank you for your cooperation,

Customer: replied 30 days ago.
Hi again
My question is is there any legal action I can or should take against this chp officer for lying and ruining my life. Do I need a lawyer? How do I get this garbage off my record and my license back? The da's assistant says their is clearly evidence that none of that bs occurred....thanks for your time .. seriously.
Blessings
Laura

Thank you for the information.

The DA's office is where you should report the action. If the officer intentionally lied, that is a crime that needs to be investigated by the DA's office and your records cleared. If the DA refuses to take action, then you would may consider filing a Section 1983 lawsuit against the Officer for abuse of her position in the federal Court. You may also file lawsuit in the State Court and get the State Court to order the dismissal of the ticket and expungement of it from your driving record.

You can use the following sites to find local Attorneys who handle officer misconduct cases to assist you with the case:

Lawyers.com

Justia.com

Findlaw.com

Goodluck with your case,

A 5-star rating to my response is appreciated so that I can receive proper credit for responding to your post. Kindly use the popup screen to give the rating. There is no additional cost to you for giving a 5-star rating.

Thank you for your cooperation.

Phillips Esq. and 2 other Traffic Law Specialists are ready to help you