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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Can I sue a city or prosecutor for bringing me back to court

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Can I sue a city or prosecutor for bringing me back to court over and over again on frivelous allegation? I am on a differed prosecution for a dui. I have an iid with a camera. I havr had multiple probs with this. I will blow to start the car and fail. I will blow one minute later and pass. All on camera. Or I will be driving and out no where I alk of a sudden blow and fail. But I always retake the test and immediately pass. All on vamera. Every time this happens I have to go to court with my attorney to defend me. Even though the eveidence is clear. I should not have to go to court. I feel like she is doing this on purpose to cost me money. Do I have a claim?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I'm sorry to hear about your situation. First of all, you need to know that cities have "sovereign immunity" and prosecutors enjoy what's known as "qualified immunity". What that means is that generally speaking if you were to sue either the city or the prosecutor, they could get it dismissed in court. There are very few statutes that would help you get around this.

ScottyMacEsq :

The only one that I can think of is 42 USC 1983, which is a Federal law.

ScottyMacEsq :

That is a law that allows you to sue for violations of your civil rights.

ScottyMacEsq :

Now a violation (even a false positive) is enough to bring you into court for a hearing. To be able to establish a case against the city / prosecutor you would need to show that they knew or should have known before hand that the positive was false. Now if you believe that she is doing this on purpose (I assume that you mean the prosecutor) you would need to establish that the prosecutor had rigged the device or was getting a "kickback" for this. That is, that there was some sort of behind the scenes fraud going on to deprive you of money without due process.

ScottyMacEsq :

While I'm not saying that it's impossible, or even impossible to prove, you would still need some evidence to establish this.

ScottyMacEsq :

Even if your feelings on this matter are correct, the feelings alone will not establish the evidence to impute liability on the city or prosecutor for civil rights violations. You would need to have clear evidence of tampering by the city / prosecutor so that it would register a positive.

ScottyMacEsq :

Even if the device is fault, that would not be enough to impute liability on the city / prosecutor as negligence would be something that you could not successfully sue on (due to the immunity provisions discussed above).

ScottyMacEsq :

Now if you have evidence (from whatever source) to show that there was some intentional or knowing action resulting in the defect in the device, then that could be the basis for a successful suit.

ScottyMacEsq :

And if you get that, you should certainly take that to a civil rights attorney, or the ACLU, etc... but until then, I'm afraid to say that immunity would bar any successful suit.

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

So even though she can see evidence and its clear its a false positive she can continue to bring me into court

ScottyMacEsq :

Yes. Now it really depends on the terms of your probation, but typically a positive (even a clear false positive) is an automatic hearing. It's entirely possible that they don't even have discretion to say that a hearing is not required.

ScottyMacEsq :

(again, depending on the terms of the probation..., the city code, etc..)

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11709
Experience: Licensed Texas General Practice Attorney
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