People sometimes go to great lengths to gain advantage in divorce cases.
In one particular case, it involved so-called "dirty DUI." The
future ex-wife wanted to limit the amount of time her husband would spend
with their daughter. She attempted to do so by setting up a dirty DUI
scheme to blemish her husband's criminal record.
Dirty DUI is a set-up. A cop lies in wait to arrest the target for
DUI, after the target was drinking heavily. Typically, the target is male.
A woman does the enticing, so to speak, and after having spent time drinking
she asks the man to drive her somewhere else (probably by dropping hints
of a sexual encounter).
Then the cop, who is in on the scheme, pulls the driver over and arrests
him for DUI.
That's exactly what happened to the woman's husband during their
divorce case. Once he caught wind of this, he sued the cop. But as Elizabeth
Warmerdam reports for Courthouse News Service, the federal judge ruled
that his claim could proceed.
In other words, the officer wasn't immune from civil liability.
If you'd never heard of dirty DUI, and perhaps even thought that cops
did no wrong - that people pulled over for DUI are simply "guilty,"
end of story - this case sheds a whole new light on protecting your legal
rights in drunk driving cases.
Cop May Be Liable in Plot to Set Up DUI Arrests