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11-04-07, 01:06 AM #1
Drunk Driver Sues Police for Car Crash
Drunk Driver Sues Police for Car Crash
TEMPE, Ariz. (Nov. 3) - The city of Tempe is fighting a lawsuit by a woman who acknowledges she was intoxicated and lied to a police officer before retrieving a hidden key and crashing her car.
The lawsuit filed on behalf of 21-year-old Korie Hoke contends her drunken-driving accident and resulting injuries, said to include brain trauma, could have been prevented if not for police negligence for leaving her unattended.
According to the suit filed in Maricopa County Superior Court in late October, Hoke left a New Year's Eve party on Dec. 31 and called police after an argument with her boyfriend left her fearing for her safety.
Officer Lateef Hampton found Hoke hysterical and sitting in her car, according to a taped March interview that Hampton gave to an attorney for Hoke.
Hampton said he eventually persuaded Hoke to open the car door after she initially refused to do so for him and people whom he found surrounding the car.
Hampton said Hoke acknowledged drinking and that he cited her for underage drinking because she was 20 at the time. He said he did not conduct field sobriety tests because both Hoke and her boyfriend told him that the boyfriend had taken her keys.
Hampton to tried to make sure Hoke didn't have any keys, having her empty her purse and searching parts of the car.
She called her parents to pick her up, and Hampton said he spoke to her parents, who assured him they would be right there.
Hampton said he decided to leave her to wait for her parents because she was an adult.
Hoke's parents arrived minutes later, but she was already gone, having used keys she hid from Hampton.
Hoke's car struck a cinderblock wall and rolled. Hampton said he heard the accident call on the radio and drove to the scene.
Hoke was taken to a hospital where her blood-alcohol content was found to be above the legal limit, according to Jeffrey Gill, one of her attorneys. He wouldn't specify the amount.
Andrew Davidson, an attorney for Tempe, said the city previously denied a pre-lawsuit claim that Gill said sought $1.8 million.
Gill said police should have taken more precautions to keep Hoke safe.
"There are other options to have taken," he said. "Wait for the parents, have her vehicle towed or take her into custody."Don't Be Afraid To Fail.
No Tengas Miedo Al Fracaso.
11-04-07, 01:20 AM #2
Eh- BS. She's playing the lottery, and it'll get thrown out."If everyone is thinking alike, then someone isn't thinking." -Gen. George S. Patton
11-04-07, 01:47 AM #3
Hmmm....another idiot not wanting to take responsibility for their actions...surprising.It's better to be judged by 12 than carried by 6.
11-04-07, 01:02 AM #4
Oh, waaah. Cry my a fucking river, the little idiot pulled one over on everyone and it bit her in the ass. I'll tell you what, how about the judge tosses the case out, then orders both her and her lawyer bitch slapped every day for two years.\\` ` ` ` < ` )___/\
`` ` ` ` (3--(____)
"...but to forget your duck, of course, means you're really screwed." - Gary Larson
11-04-07, 01:08 AM #5
11-05-07, 02:59 AM #6
Typical, If there was a law saying that the loser in a case like this paid ALL the expenses for the trial/lawyers involved less of the BS ambulance chasers would try such a stunt when they know it's BS and they would have to pay for all the city attorneys working on the case!
11-05-07, 03:09 AM #7
WTF, I bet she is on welfare, eating cheatoes on a bean bag chair right now. What a dumb ass
11-05-07, 10:50 AM #8
This will get tossed out, the courts have already stated that the people dont enjoy individual protection rights from the police.
This idiot and her family need to stand up and accept blame for her actions. Wonder if this suit fails if she will then sue whoever provided the alcohol to her?"An Unarmed man can only flee from evil, and evil is not overcome by fleeing from it." Jeff Cooper
Some people are meant to be the police......Some people are meant to call the police!!!
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" I believe that forgiving them (Terrorist) is God's function. OUR job is to arrange the meeting."
General Norman Schwartzkopf
Not all Muslims are Terrorists, but all Terrorists are Muslim.
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11-05-07, 10:56 AM #9
11-05-07, 11:03 AM #10
to be honest it all depends on the policy of the dept, also who leaves a drunk in a car alone to wait for someone. This is a reminder to all cops, More cops and depts are sued for failure to perform than ANY other reason. Dont get complacent and Dont get lazy and do your job. All the drunks I deal with have the mental state of a 5 year old and always do stupid stuff I wouldnt be surprised if the family wins.
11-05-07, 11:11 AM #11
People need take a little bit of personal responsibility. The police, and anyone else can only hold your hand so far down the path.
I don't fault the cop. He went as far as searching her and her purse for her keys. She also said she didn't have the keys, and that her boyfriend took them. Then he got her a ride. I would have let her wait there too, as long as I felt she wasn't a danger to herself.
This suit is utterly ridiculous, and I hope to God the family doesn't win.No one has greater love than this, to lay down ones life for ones friends - John 15:13
"The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".
We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.
11-05-07, 11:39 AM #12
from criminal culpability.
This should be no different. What if I release someone on their own recognizance when they're intoxicated in their own home, and they go and murder their wife? Should the police be liable for leaving them when they're drunk but otherwise safe? This lawsuit, if the family is awarded, will set a very dangerous precedent."If anything worthwhile comes of this tragedy, it should be the realization by every citizen that often the only thing that stands between them and losing everything they hold dear... is the man wearing a badge." -- Ronald Reagan, in the wake of the deaths of 4 CHP troopers in the Newhall Incident, 1970
The opinions given in my posts DO NOT reflect the opinions, views, policies, and/or procedures of my employing agency. They are my personal opinions only, thereby releasing my agency of any liability, or involvement in anything posted under the username "121Traffic" on O/R.
11-05-07, 01:02 PM #13
Sadly this women will get some amount of money!!!!!OPD Explorer Post #2235
I never thought there was such thing as a stupid question, then I became a security officer.
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