Dwi
Police stops driver under the influence, also disovers driver has been arrested before for dwi. Officer lets driver go with a warning, then driver gets in an accident and kills someone. Did the police have discretion to arrest the driver or did the officer have a duty to arrest the driver
2 Answers from Attorneys
Re: Dwi
If the driver was intoxicated at the time the officer pulled him over, the officer certainly had a duty to get that drunk driver off the road. The case against the police officer and the department is certainly worth looking into.
Re: Dwi
There could be liability, especially if there was a very short time between the first stop and the accident. However, if the driver had some time to stop and drink more, it would be hard to discern whether he was DWI at the time he was stopped. Also, how do you know the police knew he had been arrested before? If you have that much information, you probably have enough to start an action for wrongful death.
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