Victory-At Last!

[13BVET]

After months, and months of going to court on BS charges, I have finally emerged victorious!

I was scheduled for a trial on traffic tickets tonight. These tickets were for no insurance (I had insurance-got a ticket anyway), failure to update my new address on my drivers license (wrong again-my drivers abstract proved I submitted my info), and driving with a suspended registration (this suspension was actually rescinded-it was a screw up on the part of the insurance company). The final result was failure to prosecute, case dismissed.

The problem, of course, was that my car was impounded ($700 to get it), I lost my job, and had to put out a lot of money for a rental car. It wiped me right out. Talk about a bittersweet victory! I just wish I knew how to recoup these losses.

[growalot]

It sounds like you should look into.......

To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the defendant initiated or continued the initial case with an improper purpose. Each of these elements presents a challenge to the plaintiff.

The Original Case Was Terminated in Favor of the Plaintiff The original case must end before the defendant or respondent in that case may file a malicious prosecution suit. This requirement is relatively easy to prove. The original case qualifies as a prosecution if the defendant or respondent had to appear in court. The original case need not have gone to trial: it is enough that the defendant or respondent was forced to answer to a complaint in court. If the original case is being appealed, it is not considered terminated, and the defendant or respondent must wait to file a malicious prosecution suit.

To proceed with a malicious prosecution claim, the plaintiff must show that the original case was concluded in her or his favor. Generally, if the original case was a criminal prosecution, it must have been dismissed by the court, rejected by the Grand Jury, abandoned by the prosecutor, or decided in favor of the accused at trial or on appeal. If the original case was a civil suit, the respondent must have won at trial or the trial court must have disposed of the case in favor of the respondent (now the plaintiff).

[HuntOrBeHunted]

Thats friggen messed up man. I had gotten a ticket one time for not have the license.

Funny thing was I just handed it to him

[13BVET]

Thanks, Grow. I'll have to check that out.

Hunt, this isn't the first time. I got a ticket one time for driving a car someone else was driving. It took the geniuses in the court a year before they finally figured out that it was impossible for 2 people to drive the same car at the same time!

[jjb4900]

I'll step up and say I'm glad you got some satisfaction, but for as much as a victory it was, what you lost can't be replaced without more time and money in legal battles

[verminater71]

man that sucks, sorry to hear that, bittersweat victory

[Paula]

Glad it worked out for you