I went to the clerk of courts and district attorney's to get two minor traffic citations dismissed.

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I went to the clerk of courts and district attorney's to get two minor traffic citations dismissed.

Anonymous May 15, 2015 Criminal Defense 2 views 3 answers

In error, the citations were both listed on one page instead of on separate pages, and when I submitted them to D.A., the error was "continued", and only one citation was dropped. Two weeks later, I was picked up on a warrant for dwlr. After posting bond, I went to find out what happened. The clerk of court wrote an explanation to NC DMV accepting responsibility. However, I was arrested again for nol. All charges were dropped. Can I sue the state?

Donald Christian · Answer 1 · 2026-06-15T14:38:39+00:00

Short answer, no. The arrests were facially valid because the officer arresting you saw what appeared to be a valid OFA in the warrant system for you, so he was acting in good faith. And unless you believe the clerk and DA were deliberately trying to do an end run on you rather than just making a mistake (and you would have to prove malice on the part of the clerk or DA) you do not have any kind of actionable case that I can think of.

Jennifer J WirschingFederal Crime LawyerGlendale, CA · Answer 2 · 2026-06-15T14:38:39+00:00

Jennifer J WirschingFederal Crime LawyerGlendale, CA

Jennifer J WirschingFederal Crime LawyerGlendale, CA · Jun 15, 2026

No. Clerical errors don't mean you cash out. Sucks, but true.

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Joseph Henry · Answer 3 · 2026-06-15T14:38:39+00:00

Joseph Henry

Joseph Henry · Jun 15, 2026

Unfortunately, most likely no. It is difficult to overcome the State's immunity in cases like yours.

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I went to the clerk of courts and district attorney's to get two minor traffic citations dismissed.

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