VA punitive damages case law question!?

Question

I was hit by a drunk driver (hit and run) in va. She totalled my brand new car. They brought in search dogs and they found her two hours and 50 minutes later. (she hid in a field and then got away from them and was caught asking people to use a phone so she could get out of town) When she got to the jail, she blew a .11. Va law allows me the right to sue her for punitive damages if she was .15 or above at the time of the accident and showed malicious intent. Do I have a case since she still blew a .11 three hours later? I don't want to waste my time if it doesn't fall in the va guidelines. Any va lawyers have exp. here or advice???

Thanks,

Answer 1

If the law says .11, and it cannot be proven that she "would have" blown .15 earlier, then you are out of luck.  The court must dispense what the law says so our fundamental Rule of Law applies to everyone. (The Rule of Law ensures predictability and universality.)   They can't just up and change a statute for one set of circumstances while insisting on its enforcement for another.

However, under your claim for general damages, I would bump up your claim for pain and suffering, and I'd also claim the cost of every last paper clip you or your lawyer used under special damages.

Good luck.

Answer 2

Even if you could argue that she'd metabolized down from .15 to .11 in three hours (a stretch), you're still left with the problem of proving malicious intent. That means you have to prove that she MEANT to hit you - that it wasn't just an accident because she was too drunk to miss you.

Richard