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scottsthaname · Mar 28, 2013, 09:08 PM

I have been out on my 5 and 10 mile walks to help with my multiple sclerosis and am repetitively stopped patted down and ID'ed. I do not have a drivers license and went to a medical appointment with my son where he was to have a minor procedure and I had to pull the car around to the back of the building for him after the procedure. The cop pulled me and gave me a ticket for driving while license revoked for simply pulling my sons car around for him. I have complained to the police chief on multiple occasions including this one. This time a disciplinary action was taken on the police officer... they won't tell me what it was because it is a part of his personnel file... I am tired of this and want to sue this small town police department so they can learn that they are supposed to protect my freedom... not hinder it. Thanks.

ScottGem · Mar 29, 2013, 03:10 AM

Find an attorney willing to take it on. If this is a small town and you are known to the officers then this is harassment and you have a case. Butting suing a municipal agency will not be easy and you need an attorney to prepare the case properly.

You might look for a chapter of the ACLU in your area and talk to them.

scottsthaname · Mar 29, 2013, 07:09 AM

Yeah... I am already in touch with the ACLU waiting on a response... the lawyers that I have talked to would love this case, but they charge $180 an hour up front... just wish I was smart enough to do it on my own:-(

odinn7 · Mar 29, 2013, 08:06 AM

I sued local police for something they did when they violated my rights. I found a lawyer that handled it with no money up front from me. The lawyer was paid by the town when we won the case. Maybe you can find something similar.

scottsthaname · Mar 29, 2013, 10:09 AM

Yeah... I been shopping, but unless I was hit by a police car or shot... where there is physical injury other than my MS exacerbation... they want money up front. If you know of an attorney in NC that would be willing to do it with no money up front please let me know.

odinn7 · Mar 29, 2013, 10:20 AM

Mine happened in PA without any physical injury... just rights violation. They may handle things differently in NC. Good luck to you.

dontknownuthin · Mar 29, 2013, 10:21 AM

I know that sometimes people with MS are unfortunately mistaken as being intoxicated, since it can affect balance and so on. Friends of mine with the disease have often spoken of how upset they get when, for example, they go to a wedding and overhear people they don't know suggesting "she's so drunk" when actually, they have an illness and have been drinking 7-Up all night.

Is it possible the police are mistaken you as being drunk in public? If it's a small town, it might be beneficial to go in and meet with the police chief and address this in person. You might have an opportunity to educate some people.

As for the driving without a license, my understanding is they can't arrest you for such a think on private property, but if you drive on a public road for even a few feet, you are in violation of the law and the arrest is appropriate.

scottsthaname · Mar 29, 2013, 11:03 AM

I was not arrested... and no... when I am out on my 5 and 10 mile walks I am in my old military PC gear... shorts with no pockets... shoes... usually shirtless cause I'm sexy and I know it... yeah... I work out... but no... no one knows any difference between me and anyone else on most days... the bad days I just stay home and wrap up in my blankie... but when I have had to be out and about on my bad days I have had the odd stare ant the whispering, but I don't care about what people think... just what I know:-)

scottsthaname · Mar 29, 2013, 11:05 AM

Oh... and I have met with the police chief... and the previous one... all over this same type harassment... educated them... and thought that things would get better... but it has gotten worse... like they think because I told them not to harass me because I have MS I am telling them how to do their job... I hate retarded hick officers

ScottGem · Mar 29, 2013, 01:23 PM

I really think your best bet is the ACLU. This is the kind of cases they love.

AK lawyer · Mar 29, 2013, 04:22 PM

Originally Posted by scottsthaname

... I do not have a drivers license and ... I had to pull the car around to the back of the building ...

Originally Posted by dontknownuthin

...
As for the driving without a license, my understanding is they can't arrest you for such a think on private property, but if you drive on a public road for even a few feet, you are in violation of the law and the arrest is appropriate.

I disagree, dontknownuthin. It appears that Scott is guilty.

Fr_Chuck · Mar 29, 2013, 05:43 PM

It depends on where this is at, in some states, even driving on a parking lot, it is allowed to enforce driving laws. Such as license and DUI laws. And parking violations such as handicap parking.

I would say that the person knew they did not have a drivers license, broke the law and wants to get out of it, There are ways to fight it, you request all sorts of information on POST records of police officer, ask for copies of the notes they keep in their notebook, (most keep a record of things informally in a notebook) and if all the infor that is allowed is not provided you can ask for dismissal.

But honestly it sounds like they are guilty, and don't want to accept responsibility for actions