You should address these concerns with your attorney. In general, if you accept a plea bargain it makes it exceedingly more difficult to establish that your due process rights have been violated.
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey
Philadelphia Area Office
223 North Monroe Street
Media, Pennsylvania 19063
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
How were your civil rights violated? You never mentioned anything about the reason for the stop. Was that valid? Times aren't as big of a deal as you make it seem, because its something that the officer can "easily" correct by testifying.
This is all stuff you should have gone over with your lawyer. If you didn't understand everything, you should not have accepted a deal. Everyone knows that you take your chances with a public defender - some will give you the attention you want/need, some wont. If you wanted thorough investigation and thorough discussions with your attorney, and you don't feel like you got that, maybe you should have tried to hire a private attorney.
Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.
I'm not sure in what fashion you feel your civil rights were violated. If your registration was expired prior to the stop ( as you state) that's generally a good reason for a traffic stop. It is not uncommon for there to be small differences in times mentioned in police reports. The officer stating a time wrong is not a civil rights violation. A good DWI attorney can evaluate your entire case.
Austin DWI Lawyer
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
Since you pled to a wet reckless, any civil rights action is pretty much dead in the water. As for the examples you cite for violations of your rights, they come nowhere close to a violation. In fact, I'm not sure what you're even complaining about. Small discrepancies in time that are disputed by the parties basically neither prove anything, or even rise to a level where they would be considered worth using as possible impeachment. Surely there must be much more than what you mentioned to make you think your rights were violated.
The inconsistent statements about time by the officer are material for cross examination by your attorney but they do not seem like a violation of your civil rights under Section 1983. You should speak with your public defender, their supervisor or consult with a local defense attorney about this issue so they can review your case file and give you a detailed answer.
No, not on the basis of what you have summarized here. You don't have a civil right to be free of the conduct of the officer in this situation. Nor any civil right to be free of the action of the court, nor any civil right to drive an unregistered vehicle. So, who would you sue and on what basis? That the officer's statement of the time and your differ by eleven minutes? Not a sound basis for a civil rights case, and your guilty plea forecloses any meaningful civil action anyway.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
DUI DUI defense DUI traffic stop DUI as a criminal offense Field sobriety test for DUI DUI plea bargain DUI charges DUI arrest DUI and civil lawsuits Criminal defense Criminal charges Crimes against society Right to counsel in criminal cases Defenses for criminal charges Criminal arrest Criminal court Plea bargaining in criminal cases Employee benefits Traffic stops Lawsuits and disputes Civil rights
Sign up to receive a 3-part series of useful information and legal advice about DUIs.