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suing police department

1 Answers. Asked on Sep 12th, 2013 on DUI/DWI - Florida
More details to this question:
My family and I were involved in a car accident where we were hit by a drunk driver and he left the scene then was followed and arrested but never charged with DUI. The man that hit us stated in the police report that he had several alcholic beverages prior to driving. How do I appeal or sue the orange county police department for not calling a DUI unit and doing a breathalizer test for DUI charges?
Answers Showing 1 out of 1
Mr. John Michael Phillips at The Law Office of John M. Phillips
Licenced in FL
Answered on Sep 21st, 2013 at 5:47 AM
There is no direct civil case you can pursue against the officer or police department, nor do you need to to prove the drunk driver was drunk and even seek punitive damages against him. Over 10000 people die from DUI drivers like this every year and hiring an attorney is a good first step to make sure your family receives justice- both in the form of making sure the driver is prosecuted to the fullest extent of the law and monetary recovery. There are also other potential defendants such as the place where he consumed alcohol and the owner of the vehicle. Punitive damages are also available. I spent 8 years working for insurance companies and two years working for the largest personal injury firm in the country before setting out to give clients personal service and help them fight these fights. Essentially, insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to the Board of Directors. Attorneys matter. They change their gameplan when a lawyer is involved. For that reason - and the misinformation by TV lawyers and referral services- is why people should consult lawyers who take the time like on sites like this. Because of the economy, more lawyers are jumping into personal injury and wrongful death cases and should stick to what they know. The other side has doctors and millions on their side to say nothing is wrong or fight the claim. If you have any further questions, feel free to email me- jmp@knowthelawyer.com. Check out our website- www.knowthelawwyer.com. We'd love to help you. Our number is 800-6-know-law.

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DUI/DWI
Driving under the influence (sometimes known as driving while intoxicated/DWI or operating under the influence/OUI) can have serious legal ramifications, from the loss of your driver's license to jail time, fines and increased insurance rates. If you have a commercial driver's license, the penalties can be even more serious. If you've been charged with drunk driving, talk to a criminal defense attorney immediately. A lawyer with DUI defense experience can review the police report, breathalyzer results and other evidence, try to find weaknesses in the prosecutor's case and work tirelessly in your defense. DUI law firms can also work with clients and prosecutors on plea bargains, alternative sentences and license reinstatements.
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