Thursday, November 21, 2013

Game, set and match.

Game, set and match.

A]n orally amended citation charging the defendant with the criminal offense of driving with a suspended license would be dismissed where no arrest warrant, sworn statement, or other complaint substantiating the offense was prepared and the traffic citation was not sworn to by the arresting officer or notarized by an authorized person." (State v Olivia (1990, Dade City Ct) 42 Fla Supp 2d 221) [ Fla Jur 2d, Autos., s. 138]

"Evidence that motorist cited for traffic violation was incarcerated for 23 minutes during booking process, even though he had never been arrested and at all times had sufficient cash on hand to post bond pending court disposition of citation, was sufficient to support finding that municipality employing officer who cited motorist and county board of criminal justice, which operated facility in which motorist was incarcerated, had unconstitutionally deprived motorist of his right to liberty. 42 U.S.C.A. Sec. 1983." Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 1

"Jury verdict of $25,000 in favor of motorist who was unconstitutionally deprived of his liberty when incarcerated during booking process following citation for traffic violation was not excessive in view of evidence of motorist's back pain during period of incarceration and jailor's refusal to provide medical treatment, as well as fact that motorist was clearly entitled to compensation for incarceration itself and for mental anguish that he had suffered from entire episode. 42 U.S.C.A. Sec. 1983." Trezevant v. City of Tampa (1984) 741 F.2d 336, hn. 5

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