Can I sue for False Arrest in Texas

Asked over 2 years ago - Big Spring, TX

This might sound crazy but last night I was pulled over by a Texas Highway Patrol for Improperly placed/obstructed license plate but had it in the front windshield because just a week prior i ran over a coyote which knocked the license plate & bracket off. The highway patrol got very rude so I got very rude back. He then asked me to step out of the vehicle and arrested me for the improperly placed/obstructed license plate. The law doesn't state where the license plate has to be except for the front and rear of the vehicle. Then the new law left out a very important sentence not stating what class of misdemeanor it is or how much of a fine can be imposed. I really felt my rights were violated in this matter on such a minor incident. Would an attorney take this case & could I win it?

Additional information

I know the law states u can be arrested for anything except speeding or open container in texas but without proper definition of the law on license plate how can they charge me with anything at all

Attorney answers (1)

  1. Sarahjane Davidson

    Contributor Level 13

    2

    Lawyers agree

    Answered . How were your rights violated? You were arrested under a violation of a law that allows you to be arrested. And what damages did you suffer that you think you should recover? Perhaps there's an attorney that might take the case, but none that I know or would recommend because of the answers to these questions - no violation and no damages.

    And if you knocked the plate off a week prior, you had at least 7 days to fix it - so why didn't you?

    Sometimes people just have to take responsibility for their own actions (or failure to act when required) and live with the consequences. This sounds like one of those times.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,090 answers this week

2,786 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,090 answers this week

2,786 attorneys answering