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Was making a delivery the woman there called the cops on me said I was intoxicated I drive a semi

Indianapolis, IN |

I was not intoxicated I had to go thru the whole ordel of the breathalizer ordel with the police ,I was embarrassed could have lost my job ,now I feel like I am looked at differantly since this happened at work do I or can I sue for slander & defimation of carictor

Attorney Answers 6

Posted

Yes, but you have no damages. You did not lose your job and you have no black mark on your driving record.

If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com

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7 lawyers agree

Posted

You likely would not succeed in a defamation case against the woman. Telling the cops that she thought you were driving intoxicated could arguably constitute opinion, rather than "fact", the former not being a grounds to sue for defamation. Even if it were the latter, the fact is that you did not lose your job, did not get arrested, did not go to jail, did not wind up with a criminal record, etc. Therefore, you have no provable damages.

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5 lawyers agree

Posted

I agree with the other answers here. In addition the woman might be looked at favorably since she was looking out for the rest of the drivers by reporting someone who she thought might be intoxivcated (even if it turned out to be wrong).

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3 lawyers agree

Posted

Part of the answer depends on the real facts. You say you were not intoxicated but if you had alcohol on your breath the woman argualbly had reason to be concerned and called those whose job it is to make sure an intoxicated driver is not on the road especially a commercial driver. So even if you wer not intoxicated she would have a defense. More importantly, if you did not get arrested and did not get punished in any way by your employer, you have not suffered any loss or damages. If the police testing showed you had absolutely no evidence of alcohol in your system, there would be no reason for nayone at you job to either treat you or looka t you differently. Better she called the police than just call your employer and say that she thought you were intoxicated. With the testing done can you not prove you were not under any alcohol influence. Don't really think you have a case that an attorney would be interested in. Sorry.

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3 lawyers agree

Posted

Without damages, a lawsuit would be fruitless.

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4 lawyers agree

Posted

I agree with the other attorneys - all is well that ends well and you did not have any actual damages. I also understand why you are concerned about your employer looking at your differently. You are afraid they might be wondering why a customer thought you were intoxicated. They probably aren't concerned about this. However, if they treated you differently in the future, you had monetary losses and it could be proven the treatment and losses were connected with this incident, you would have damages. In my experience that is highly improbable. You need to be happy everything worked out in your favor and try to figure out what, if anything, prompted her concern so it doesn't happen again.

Merry Fountain is licensed to practice law in Indiana. She can be contacted at 888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.

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