Legal Question in Traffic Law in Washington

Failure to transfer title

My step son-in-law was arrested on Saturday last. He was out of his vehicle at a yard sale, when a Richland City officer approached him. He spotted my son-in-law without a seat beat. Upon asking for his ID, he was handcuffed in front of his children and arrested for failure to transfer title. Was this arrested warranted, and if not, what are his recourse options? Also, his license was punched, so I guess that means suspended or invalidated, correct?


Asked on 5/26/08, 12:20 am

1 Answer from Attorneys
Sam Hochberg Sam Hochberg & Associates

Re: Failure to transfer title

Sounds to me like your step son-in-law may have a claim against the City of Richland for wrongful arrest/false imprisonment, and possibly a civil rights claim under Federal law.

Ordinarily, an infraction is not an offense entitling a police officer to arrest the offender, unless there was an unrelated arrest warrant. There are some exceptions. Among them is reasonable concern for officer safety, and possibly a good-faith if mistaken belief that a crime was committed.

As for remedies, you should consult and probably retain a good civil lawyer. Most lawyers who might handle a claim such as this, if indeed there is a claim, would probably be willing to work on a contingency fee, which is just a percentage of the outcome. You should first make certain that your step son-in-law was not cited for any criminal offense, as opposed to a mere infraction.

Good luck!

-- Sam

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Answered on 5/26/08, 1:26 am


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