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Wrongful Arrest.

Williston, ND |

If I am traveling from one state to the next and have an out of state drivers license. Why would the laws of a the out state apply. For example driving on a suspended license being unaware is a citation in Florida. However in the state of North Dakota it is a crime that is arrestable however the arresting officer knew it was an out of state driver that was driving based on the Florida drivers license presented. Is this a contestable grounds for a wrongful arrest ? Second to this is the fact that the driver was in a company vehicle that was traveling between states.

The Charges have been dismissed already. Claiming the fact that my license was not suspended. What I am interested in is the wrongful arrest.

Attorney Answers 1

Posted

If you were arrest for operating a motor vehicle on a suspende license, you need to hire a criminal defense attorney in the state where the charge is pending. I would also recomment you contact the DOT/DMV of the issusing state and get your license reinstated ASAP.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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1 lawyer agrees

7 comments

Frank Mascagni III

Frank Mascagni III

Posted

Sorry TYPOS: ...arrested...; suspended... ; recommend... .

Asker

Posted

See the additional information.

Asker

Posted

If the license indicated an out of state FL drivers license. Why did the officer not go ahead and issue a citation. Why was an arrest necessary since in the state of Florida it is citation that would have been issued. Why did the officer not apply Florida rules to this case or put that into his consideration. It is only arrestable in ND if ND drivers drive knowing that rule.

Frank Mascagni III

Frank Mascagni III

Posted

If the case was dismissed with prejudice and you did not stipulate probable cause for the arrest, you may have a valid lawsuit. You need the counsel of an experienced civil rights/plaintiffs lawyer to evaluate the merits.

Frank Mascagni III

Frank Mascagni III

Posted

I do not practice in ND, but if their statute states that this is a crime that an arrest may be made, it is lawful there. You need a ND lawyer to assist you.

Asker

Posted

If you know any civil right lawyers in ND. that could help me please recommend. Thanks

Frank Mascagni III

Frank Mascagni III

Posted

Check this website under the practice area of civil rights for attorneys in ND.

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