Wednesday, February 10, 2010

Can I sue for a false accusation due to stress and hardship?

I was in a serious truck accident and charged with DUI, however, i wasnt drunk (I dont even drink alcohol), my workers comp rep told me he talked to the officer and said he charged me because he can ';always drop it later, but cant add it if I was drunk'; all tests came back clean, etc. The charges are still pending (not dropped yet). This is stressin me to no end, even though I know I wasnt drunk, I cant sleep, I get nasaus, I cant stop thinking about it, my daughter looks at me like Im a criminal even though I explained it to her, etc. I have to go to court again (2nd time), 2 hrs each way and is hell on me due to my injuries. Am i allowed to sue the state of NJ for this unjust stress and embarassment they are putting me through?Can I sue for a false accusation due to stress and hardship?
Every convict in jail says he's innocent. Problem is, the proof was not on their side.





If you are truly innocent - and can prove it : The officer was either negligent in his duty by putting facts into a report that he had not verified [blood alcohol test is routine], or guilty of fraud by deliberately falsifying a police report he knew to be false.





Makes no never mind that later the charges were dropped. From now on, every police officer that runs your name, will be informed that you were arrested for drunk driving. The info does not give the disposition of the charge - i.e. whether it was dropped or not, whether you were innocent or not, just that you were arrested.





You need to get a good aggressive attorney and sue both the policeman that falsified the arrest record [that is what he did - gave you an arrest record for drunk driving], his commanding officer responsible for his actions, and his department.





You must do this quickly, forcefully, and aggressively. Truly innocent people don't molly coddle - they fight back, because they can show / prove they are innocent not just say it.





It does little good now to say you should have immediately had a blood alcohol test to prove your innocence.





The longer you wait, the better the case that you ';might'; have really been guilty all along.





Innocent people, when asked a question, give an answer right away, they don't have to stop and figure out what they are going to say. Same here, sooner the better.Can I sue for a false accusation due to stress and hardship?
You can always try. The biggest hurdle would be finding a lawyer willing to take on the law enforcement agency in question. Probably better to try to take on the officer in question. Defamation of character is a serious offense and can follow you forever, even tho you can prove otherwise. You could probably sue for that in addition to pain and suffering.





I would indeed contact a lawyer ASAP.
OF COURSE!!!! U CAN ,U NEED TO FILE RIGHT AWAY
Simply put, no. First off, what your worker's comp rep told you is hearsay, it wouldn't hold up in court, so you can't prove that the officer is charging you based on some animus towards you. Charges are dropped all the time once the evidence is gathered to show you are not guilty, it's the way the system works.

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