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.
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