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Can I sue a cop for slander, liable, defamation and making false statements as well as doctoring evidence?

Monroe, GA |

My fiance was arrested for DUI and was not drunk in any way. She agreed to the field sobriety test and breathalyzer and passed both but was arrested. Once she got to the station she took the breathalyzer again and it supposedly registered twice the legal limit, (note, we did not have any alcohol with dinner). Once we got the police report we were stunned. It stated that my fiance fell out of the car, was irate and belligerent as well as refused the field sobriety tests. It also stated that she fell several times and couldn't get up. I asked the cop if the dash cam was on and he stated that it was. Once we got to court the D.A. stated that there was no tape and the officer began to lie. We know he used someone else's results and faked the report. We'd like to sue the officer.

Attorney Answers 2

Posted

make sure you file the ante litem notice in a timely manner otherwise you will be precluded from suing

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Posted

Defamation requires proof that incorrect statements of fact, not opinion, were made to third parties and that it caused harm to you. Here is a link to a guide on defamation law to help you determine whether the law applies to your circumstances.

http://www.avvo.com/legal-guides/ugc/how-to-know-if-you-are-the-victim-of-libel-or-slander

I truly wish you the best.

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This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

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