Q: Can I sue a city, after they made me sign a waiver saying i wouldnt? I was under duress at the time.
I was arrested for a DUI, where i blew a 0.00, and the cop lied (I can prove it). It never went to trial, and they finally dismissed the charges against me after 18 months, and numerous missed days. It cost me a lot financially, embarrassment, and anxiety. It's put my career in jeopardy as well. After 18 months of stringing me along, they finally dismissed the case, but said they'd only do it if i signed a waiver that I wouldn't sue. I no longer live in that community because of this incident, and live in 750 miles away. Both DA's were going to make me come back to court again, if i didn't sign the waiver. Isn't that a form of extortion? The knew there was no case to begin with, but made it extremely difficult for me, hoping that I wouldn't show, and i could be charged. From what i've heard, this is how this city operates, and get's all its money is through DUI's, and a court referral program. They won't put camera's in the police cars, but they have them in the jails.
A: In most cases, you cannot sue a municipality because of governmental immunity. Additionally, even if you attempted to sue the city, they could turn around and prosecute you for the DUI. You entered into a contract that you would not sue them if they did not sue you. Because there was a legally binding contract, you would likely not prevail.
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