I was arrested for driving under the influence . My second offense in ten years. For some reason the arresting officer wrote the citation and all the paper work as being my 3rd in ten years. I know i made a huge mistake and need to change my lifestyle especially since i have two young kids and an amazing wife who doesnt drink and fully supports me in quitting. I am ready to pay for my crime and get past it. The biggest problem is that he wrote me up for my third in ten years wich is ten times worse than 2 four years apart. It was printed all over the newspaper and posted all over in the internet . It has made mine and my wifes life hell trying to explain to every person in our workplace and people we know on the streets explaining to them that yes i made a huge mistake but it is not my third in ten years. My wife is a school teacher and i work for a great soda ash company. Him writing it that way also made me not be able to bond out until i saw the judge. The jail wasnt near as painful as everyone in town thinking i have 3 duis in ten years and thinking i am a drunk and have a way bigger problem then the actuality. Any way do i have a case for libel
No. The fact you got a second DUI would cause people to pause as to your level of sobriety. I do not foresee any viable damages.
I am licensed attorney who focuses on Serious DUI Cases such a 2nd DUIs, 3rd DUIs, 4th DUIs, and Felony DUIs and DMV hearings. I also have much experience handling car accident cases. Although the information I provide is helpful, it is not legal advice. Although Avvo makes it clear to consumers that attorney answers to questions are for general purposes only and do not establish an attorney-client relationship, some attorneys prefer to add their own disclaimers to answers. You can set your custom disclaimer here and it will be automatically added to your answers. Do NOT include any direct solicitations or contact information.
I think you might indeed have a case for libel. A third citation for DUI may be a felony, whereas a second is generally a misdemeanor in Wyoming. A felony is an "infamous crime," and if someone accuses you of one falsely (we are working a case like this now), then it is libel per se and you do not have to prove how much you were specially damaged by the publication. But you will have to watch for issues of qualified immunity, in that the libel is just what the officer wrote on the ticket, possibly in good faith, not like our case for our client where the officer said the libel in the newspaper. If "third offense" popped up on his computer screen, his misrepresentation may have been innocent. But you should definitely contact a Wyoming attorney who does defamation work for a consultation. Also, make sure your criminal attorney informs the Court that it was a second offense, not a third!
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