Legal Question in Civil Litigation in New York

Filing a claim against the NYS Dept of Motor Vehicles

I was arrested last year for driving with a suspended license. When I went to the DMV, I was told by the clerk that this was a mistake and they were able to see the summons had been answered by the suspension had never been removed from license. I spent an entire day in lock up at central booking, was handcuffed, fingerprinted and photographed. I suffered great fear and embarrasment. I am educator and fear anytime I look for a job my name will come up in a criminal background check. Do I have a claim against the DMV?


Asked on 6/04/08, 10:50 am

1 Answer from Attorneys
Jeffrey Shepro Jeffrey Shepro PC: NY Commercial Real Estate and Business Law

Re: Filing a claim against the NYS Dept of Motor Vehicles

It depends. It sounds like you have a case but the requirements when suing the state (or a state agency) are very strict. Generally, you must give notice within 90 days that you intend to sue. Depending on the facts of your case, there are some exceptions that may or may not apply. I would need more facts to determine whether or not such exceptions apply. Please contact me for more information.

Best,

Read more
Answered on 6/04/08, 12:04 pm


Related Questions & Answers

More General Civil Litigation questions and answers in New York