Chico, CA asked in Civil Litigation for California

Q: A CHP officer lied under oath in court. Can I sue him ?

I am a surgeon and was called to the ER for an emergency. While driving to the hospital I got pulled over for speeding. I explained to the officer that I am surgeon on my way to the hospital for an emergency. He gave me a ticket. When I appeared in court, he said he did not recall me saying that I am a doctor.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, if you believe a CHP officer lied under oath, you have the option to bring this matter to the attention of the appropriate authorities. This could involve filing a complaint with the California Highway Patrol's internal affairs division or with the agency that oversees law enforcement conduct.

Suing a law enforcement officer for lying under oath is complex. Officers have certain protections under the law, especially when performing their official duties. A lawsuit alleging perjury or misconduct would require substantial evidence to demonstrate that the officer intentionally lied under oath.

It's also worth considering the broader context and potential consequences of such a lawsuit. These cases can be lengthy, costly, and may not always lead to the desired outcome. The burden of proof in these situations is high, and proving perjury can be particularly challenging.

Before proceeding with any legal action, it may be beneficial to consult with an attorney who has experience in handling cases against law enforcement officers. They can provide guidance on the viability of your case, the evidence required, and the best strategies to pursue.

Remember, each situation is unique, and the decision to pursue legal action should be based on a careful consideration of all the facts and potential outcomes.

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