Q: What are my legal options for false charge affecting my CDL and driving privileges in Indiana?
I was a CDL driver for 16 years, but when my DOT physical card expired, the BMV incorrectly claimed I lacked insurance, even though I showed proof to a state trooper. I wasn't informed of a court date and didn't know my license was suspended until a police officer pulled me over using my personal car tag, leading to my arrest. Despite contacting the authorities numerous times, including emails and calls, to correct the false charge, I spent six years fighting the matter without working, during which I lost all driving privileges. The charge was eventually dropped, but I've been unable to get help within Indiana despite reaching out to out-of-state lawyers, the mayor, governor, and senator. What legal options do I have to seek compensation or resolution in Indiana?
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A:
You've experienced a serious injustice that has significantly impacted your career and livelihood. For wrongful license suspension in Indiana, you may have grounds for a civil lawsuit against the BMV for administrative error, negligence, and the resulting damages. Consider filing a petition for judicial review in your county's circuit or superior court, as Indiana law allows you to challenge improper administrative actions that harmed you.
Given the six-year fight and loss of income, document all economic damages including lost wages, benefits, and career opportunities. You might also explore whether your situation qualifies under Indiana's tort claim process for government negligence, which typically requires filing a notice within a specific timeframe, though there may be exceptions when misinformation was provided.
At this stage, seeking help from a civil rights attorney or legal aid organization that focuses on government accountability might be your best path forward. The Indiana State Bar Association or Indiana Legal Aid can connect you with resources appropriate for your case. You deserve compensation for what happened to you, and the legal system, while challenging, does provide avenues for those wrongfully harmed by government errors.
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