Legal Question in DUI Law in California

I was arrested for DUI after a hostile colleague called police and reported me as DWI following a parking accident. Her testimony is being used to justify probable cause in my arrest. The 911 call and her statement were fabricated and the police report documents that. For example, she stated that I had hit several cars and backed into a fence 8 times. The police report states that only my vehicle was damaged and there was no damage to the rear of the vehicle. Do I have any recourse? I was found not guilty. I was fired from job because of the arrest. She told same fabricated story to management. }


Asked on 9/13/14, 12:38 am

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

You might try listing this on a civil litigation page.

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Answered on 9/14/14, 11:07 am
Terry A. Nelson Nelson & Lawless

What she told police and court is 'protected' by privilege. HOWEVER, what she told to others outside the police and court system in NOT. She could be sued for slander among other things, and the police report and officer testimony could be used by you as evidence of her lies.

BUT, you face the test of whether it is practical to do so. If the case has MERIT [reasonable likelihood of winning] which you seem to have, VALUE [substantial recoverable financial damages] which would be your lost income and reputation, and COLLECTABILITY [defendant with assets or insurance coverage] which is not clear from your posting, all of which are necessary for a successful claim and case, then feel free to contact me; I'll be happy to help you.

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Answered on 9/14/14, 1:35 pm


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