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Is it Perjury or what do you call it?

Abilene, TX |

If you sue defendants from a drunk driver wreck and one worker testifies in an industrial accident commission deposition in 2007 and testifies that along with his coworker, they had been drinking containers of alcohol and when and where they had been drinking that day and night before the accident occurred and then you file your lawsuit in 2008 and during your discovery in 2010, you have not got him in a deposition yet however, he gives you a sworn and notarized affidavit and he does not state anywhere in that affidavit about his drinking or that his partner was drinking, not one word about it! What would you call that, Perjury or what would that be called? Do the defendants have a legal problem with their story, their testimony in court now?

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Attorney answers 4


Your lawyer can put him on the stand and see if he perjures himself.

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Perjury is giving false testimony under oath. Sounds like he has inconsistent testimony in different instances of testifying under oath. Both versions can't be correct. Sounds like he has a problem.


Perjury is offering false testimony under oath. Clearly the two different, conflicting instances that you relate of sworn testimony would create a very sticky situation for this witness. An experienced attorney, particularly an attorney board certified in Personal Injury Trial Law would be the best choice for a strong advocate to help you through this case. You may also have a dram shop liability case, depending on where the drunk driver was drinking prior to the collision.

Finally, drunk driving cases often result in fact scenarios that can support punitive damages, and/or damages beyond the insurance policy limits for the defendant driver. Good luck to you.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


There is a difference between perjury and not including something in an affidavit. Talk to your lawyer.

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