Legal Question in Traffic Law in Texas
I was stopped for speeding in a speed trap. The cop wrote down my information on his hand. I was arrested originally because the cop pulled up the wrong persons information. Then when we arrived to the jail he realized what he did and then pulled up my correct information and my license was apparently suspended due to a surcharge that wasn't paid. I was not read my mranda rights and my car was searched without my permission. The officer asked me while I was getting my finger prints if I used to be obese. When my family member went to get me out of jail they did not offer my family member the options of fine or bond. In which if I would of been bonded out of jail I could of fought the case in court. When I was handed a ticket where my car had been towed it had a different persons name. When I went back to notify the clerk she said that I didn't need the paper anyway. Is there some type of legal action I can take for what had happened to me? Thanks.
1 Answer from Attorneys
If the officer had pulled up your correct information, he could have lawfully arrested you for driving while license suspended and your car would have been towed. It appears to me that you have not been harmed any more than you would have been if the officer had not been mistaken.
If you were given a ticket for driving while license suspended, you should inform your attorney about the details of your stop. You should make sure he has a copy of the police report for your stop.
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