Is it possible to file a lawsuit against a city or state for repeatedly allowing someone to break the law with very minor consequences? This person has lots of DUI's among other things.
Thank you
Asked on 7/21/10, 3:39 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
If the person drives drunk and injures or kills somone, it might be plausaible to fiel acivil suit against the city or state for failure to protect. The case would be a bit of a stretch. But, at present there is not seperate suit agsinst the entitites you described for failure to secure a harsher punishment on the defendant drunk driver. These are the subject of prosecutorial discretion and the judiciary's decision of what sentence to impose upon conviction.
Good luck
Answered on 7/22/10, 8:35 am