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What can be done after the fact?
Friend had 8 beers in 10 hours. Scorned spouse called 911 before leaving the bar with him & bartender and reported erratic driver, giving a description of her vehicle which he was driving. Refused breath test and was taken to jail. Can he sue her for malice?
1 week ago
Additional Details
Friend had 8 beers in 10 hours. Scorned spouse called 911 before leaving the bar with him & bartender and reported erratic driver, giving a description of her vehicle which he was driving. Refused breath test and was taken to jail. Can he sue her for malice? The bartender was in on it as well. She said her car was out of gas, his wife was completely drunk, and both coerced him into driving to go get gas for bartenders car. The first call was made prior to leaving the bar from spouses cell. Then 2nd call was made from the back of the vehicle while he was getting gas can and after he had already passed the searching patrol car once. Both have admitted their part in this, to the spouse, to the da, and to several other people. The officer did not witness any erratic driving and stopped on phone call alone. Wife went with husband to DA and admitted this as well as other law enforcement officers. DA would not drop case and eventually was pled out at great expense to husband. Can he sue her, file charges against her? Can he go back and have case dismissed. Copies of 911 calls have been listened to by an officer willing to testify.
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