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Luchs88 · Feb 12, 2016, 04:19 AM

Haven't had a single parking ticket, speeding ticket, any infraction against my driving record. In Sept. 2013, my son, of the same name as mine, was arrested and charged with a crime while driving. At his arrest, he didn't have a driver's license on him. He lives with me at my address. Looking up my son's driver's license number, the arresting officer mistakenly copied mine. Have learned that my license number was supended and for the last 2 months have earnestly tried to erase the mistake. Finally, the police dept. amended the report, presented it to the judge and the judge will decide on it in 2 weeks! Have had to pay a friend daily to take me to work and pick me up for the time I was suspended. Everyone can see the error, but seem to be in no hurry to correct the injustice. Can I file suit in small claims court against the police dept. to recover the expenses caused by their error? Thanks!

joypulv · Feb 12, 2016, 04:29 AM

Sure you can sue anyone you want. You should win, but whether you will is anyone's guess. Police and gov't agencies are given a lot of leeway for 'honest mistakes,' no matter how stupid or careless or inconvenient.
This is the sort of situation that I think gets the best response with community awareness, shaming the police dept. Write it down (succinctly) and send it to the mayor, chief of police, local papers, and local TV.

---OH-----

And throw your son out. On a deeper level, you are getting what you deserve. I'd want to sue HIM.

AK lawyer · Feb 12, 2016, 05:34 AM

It seems that a notice regarding the imminent suspension should have been mailed to you before your license was suspended. Did you get such a notice?

catonsville · Feb 12, 2016, 08:15 AM

Where do you live, where you and your son can have the same name. I have a son and his name is officially "JR", and it is on all his necessary records and it remains that way until I pass.

J_9 · Feb 12, 2016, 08:32 AM

Originally Posted by catonsville

Where do you live, where you and your son can have the same name. I have a son and his name is officially "JR", and it is on all his necessary records and it remains that way until I pass.

My husband and son have the same name. I chose not to put "JR" or "II" on the birth certificate.

catonsville · Feb 12, 2016, 10:59 AM

Originally Posted by J_9

My husband and son have the same name. I chose not to put "JR" or "II" on the birth certificate.

Now, come to think about it, didn't George Foreman name all of his kids George? Yep he did, 5 sons named George but at least he added Jr.,II, 3d etc. He also has 7 daughters, wonder if he named them Georgette?

ma0641 · Feb 12, 2016, 11:08 AM

"In Sept. 2013, my son..... Whoa! This happened 2 1/2 years ago and you are just now addressing it?

catonsville · Feb 12, 2016, 11:13 AM

Originally Posted by ma0641

"In Sept. 2013, my son..... Whoa! This happened 2 1/2 years ago and you are just now addressing it?

You kind of freaked me out, I thought at first you were implying that we were responding to a message posted in 2013. Had to check OP's question to find out not so.

ScottGem · Feb 12, 2016, 12:27 PM

A drivers license is generally not suspended without some sort of hearing. Was your son aware of the hearing? Were you? Were you aware of the arrest? Given that your son has the same name, were he to get into ANY sort of trouble, I would be right there to make sure his trouble didn't rub off on you. I would be monitoring my credit reports also.

So, while you can sue, I doubt if you will win. You would have to prove the police dept acted in a willfully negligent manner and that would be very hard to prove.