the ticket has gotten dismissed can I sue the NYPD for lost wages(I have to take off 2days work) and court cost(traveling to and from court going to the DMV to pick up a report).
I if I can sue do I through small claims court?
please email me at [email protected]
You can try but it is not likely to be successful.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Even if you can prove your car was lawfully registered, it will still likely come down to your word against the police officer's word as he will claim you could not provide proof of registration at the time of the traffic stop. Not to mention there may be other legal hurdles for not filing a Notice of Claim within 90 days that you intend to sue the City.
All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com
I don't think you would be able to prevail and it would be an exercise in futility even if you would be able to move forward.
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