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fishfamily5 · Jun 12, 2009, 06:51 PM

Driving drunk. Can you be sued for slander?

tickle · Jun 12, 2009, 07:40 PM

I don't think you can be sued for slander if it is a legitimate claim. You are performing a function of public safety. You can be sued for public mischief if you are just fooling around though.

Tick

ScottGem · Jun 12, 2009, 07:45 PM

Also 911 calls are supposed to be confidential. So its unlikely the driver would ever find out you called unless the police feel you submitted a sake report.

fishfamily5 · Jun 13, 2009, 06:12 AM

Thank you both for your answers. No, it wasn' t called in as a joke, it was a real concern. ANd as for the 911 tape, well the lawyer and the person charged with dui have heard it.

excon · Jun 13, 2009, 06:17 AM

Hello f:

You CAN be sued. Anybody can sue anybody for anything... Can you lose?? I don't know. Were they drunk? Do you KNOW them?? If you do, that adds another layer of intrigue.

excon

ScottGem · Jun 13, 2009, 06:20 AM

If he has been charged with DUI, then the police have evidence that he was driving under the influence. They are not going to charge him just on the basis of a 911 call.

Since telling the truth is a defense against slander, I doubt if he can win.

Fr_Chuck · Jun 13, 2009, 11:41 AM

Of course they can sue you, and 911 tapes once a person is charged can be given as evidence.

Part of the case will be what you saw the other driving doing. But since you are not trained in DUI, the driver should not have been stopped until the police officer also saw the driver doing those things.

The blood level of the driver arrested should be all the proof you need to protect yourself.

Their lawyer is trying to scare you so you will withdraw your statemetns or not show up in court.

tickle · Jun 13, 2009, 12:25 PM

Originally Posted by Fr_Chuck

Thier lawyer is trying to scare you so you will withdraw your statemetns or not show up in court.

Yes, if you don't show up in court as a witness, then the judge will throw it out, plus if the police officer doesn't show up, ditto. I know its scary, but if that guy was driving under the influence, then he could have killed someone. Good you were a witness. Don't let them scare you off.

Tick

Fr_Chuck · Jun 13, 2009, 12:39 PM

As a police officer I saw it again and again, we arrested a person inside the persons house , I handcuffed them in the persons bathroom

But the family members did not appear as witness in court, they were too scared to testify. So the guy walked out of court free.

twinkiedooter · Jun 13, 2009, 01:25 PM

No. You called 911 due to what you observed the driver doing. If they were weaving all over the road and were a menace to other vehicles or pedestrians, then they were drunk. That is not slander. That is calling in your observations of the driver's erratic behavior behind the wheel of a car which could be construed as the driver being drunk.

ScottGem · Jun 13, 2009, 01:31 PM

Originally Posted by twinkiedooter

No.

The OP was can they be sued, not will the other party win a suit. Anyone can be sued over anything. But if it turns out that what was reported to 911 was factual, then they won't win the suit.

fishfamily5 · Jun 13, 2009, 05:01 PM

THanks everyone.