Can I Sue Police?
Hi.
My husband was driving his car when the police stopped him for drunk driving. Instead of arresting him, they sent him home in a cab. I found the cab driver and he is just as upset as I am that the police did not arrest my husband.
When he got home, my husband took the keys to my car and went out for a drive. Fifteen minutes later he crashed my car in to another car and injured a pasenger in the other car.
Can I sue the police for failing to arrest my husband and sending him home in a cab?
Since our babygirl was killed in a car crash last year, my husband, who NEVER drank to excess in the past, has become a diiferent man than the loving person I fell in love with.
I've tried to get him help but he refuses. When I learned the police let him go, I wanted to ring their necks.
1 Answer from Attorneys
Re: Can I Sue Police?
I am very sorry for this outcome. The police thought they were being 'good guys' and 'sensitive' by putting him in a cab.
They made a mistake, but it is not the kind of mistake that creates a 'cause of action' or legal basis for a lawsuit. Of course, you can sue him for the damages to your car, but that is clearly not what you are talking about.
At this time, this is not a legal problem (except for the drunk-driving and auto accident damages). It is a difficult chsallenge for him, but also one for you marriage. I can only give you my best advice: counseling. Not just for him, but for you as well. You are both a victim and a participant in this situation.
My best wishes are with you.
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