Thursday, February 4, 2010

Is a speeding ticket the same as an arrest? If so, and found not guilty, can you sue for false arrest?

Technically, and despite what everyone is saying, yes... a citation is *technically* an arrest.





But just because you aren't found guilty doesn't mean there was a false arrest. An arrest only requires probable cause, and probable cause is not the same as proof beyond a reasonable doubt (probable cause being a much lower standard). Also, a false arrest in the sense you're talking about would involve a physical arrest, where you are handcuffed and taken into custody, not just stopped on the side of the road and released ten minutes later on your promise to appear.





Creative thinking, sure...but you've got a case of apples and oranges here.Is a speeding ticket the same as an arrest? If so, and found not guilty, can you sue for false arrest?
First question - what damage was done?? How were you injured??





Even in criminal cases, when someone is arrested and later acquitted, they don't sue for false arrest unless it is egregious.





Grow up - the cop was doing their job and you got off. Smile and get on with your life.Is a speeding ticket the same as an arrest? If so, and found not guilty, can you sue for false arrest?
No. A speeding ticket is not a criminal offense. If you are repeatedly ticketed and repeatedly beat the violation, you can sue for harassment. But if you beat one ticket, suing for false arrest cannot happen when you were never arrested. Being arrested means being cuffed, read your rights, fingerprinted, photo taken, etc.
No. A speeding ticket is not the same as an arrest. It's a citation for a violation of the law.
How were you not found guilty? Thats a new one for me.


As far as I know, no one has ever been not found guilty.
No a speeding ticket isn't! It is a violation!





I guess you could try and sue if some of your rights were violated. You have a couple of problems! Finding a lawyer, and proving your case in civil court. In criminal and civil court have 2 different standards of proof!!
If police have a suspicion of you commitng a crime they are welcome to arrest you, even if they are wrong about you committing a crime. Suing them for false arrest is pointless.
As mentioned above, when they stop you for violating the law, you have been arrested (arrest = stopped) .





As to suing for false arrest, forget it. So long as the Officer was acting according to policy and in ';good faith';, the Officer is immune from liability for his actions. To remove ';good faith'; you would have to prove the Officer was willfully and knowing acting to harass you. The burden of proof for this is on you. If it were any other way, the police could not do their jobs, for people suing them every time they stopped them.
When you are stopped for a traffic violation (speeding ticket), you are being detained by the police, not arrested. Traffic violations are limited as to the amount of time you can actually be held roadside before being released.
NO it isn't the out come would be you keep your license and all your driving points if proven not the driver of the speeding car...
No it is a citation that directs you to be in court for whatever offense that you did. It is not a false arrest unless you were arrested and placed into custody.

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