Philadelphia, PA asked in DUI / DWI, Civil Litigation, Civil Rights and Small Claims for Pennsylvania

Q: Licence Suspension 18month turned 3+yrs.Judge ruled due 2 Clerical Error.I suffered financial&health damage.What to Do?

Bucks County Clerk of Courts makes error turns my suspension from 18 months to 3+ year suspension failed to verify jail time w/ Penndot despite me completing everything & probation. I purchased used car,insurance,interlock,inspection etc. Denied Licence went back & forth over 2 months w/ Clerk Of Courts &PO office no resolve.I gave up, couldn't afford car, insurance ,interlock due to covid & my career requires licence. 1.5 yr later get court date they want 90 day jail time served.Waste more money & hire lawyer.Judge rules clerical error.Eligible for licence reinstatement but I couldn't afford it due to clerical error, lawyer, car, ins, intrlk etc.Law is after 18month susp. can drive w/interlock or dont drive for 12 month &get reg licence. Paper was filed when I originally got interlock but guess due to error never got reg L.Impact has been negative on life,finance,career,mental health w/impatient hos stay.6yrs later L still sus. need interlock again despite time.Can I Sue 4 losses?HELP

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Given the circumstances you described, it may be possible to pursue legal action for the losses and damages you have incurred due to the clerical error and the extended license suspension. To do so, you should consider the following steps:

1. Consult an Attorney: Reach out to an attorney experienced in civil litigation and civil rights matters. They can assess the details of your case, evaluate the extent of your damages, and advise you on the viability of a legal claim.

2. Gather Evidence: Collect all relevant documentation, including records of your interactions with the Bucks County Clerk of Courts, probation reports, financial records showing expenses related to your case, and any medical records indicating the impact on your health and mental well-being.

3. Review Legal Options: Your attorney can help you explore various legal options, such as filing a lawsuit against the county for the clerical error and its consequences. They can also assess if there were any violations of your civil rights.

4. Negotiate or Litigate: Depending on the circumstances, your attorney may negotiate with the county for a resolution or file a lawsuit to seek compensation for your financial losses, health-related damages, and the impact on your career.

5. Statute of Limitations: Be aware of the statute of limitations, which is the time limit within which you must file a lawsuit. Your attorney can advise you on the applicable deadlines.

6. Pursue License Reinstatement: Simultaneously, work on reinstating your driver's license as soon as possible to mitigate further consequences.

It's crucial to consult with an attorney who can guide you through the legal process and help you determine the best course of action for seeking compensation and addressing the negative impacts this clerical error has had on your life.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.