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  #1  
Old 12-21-2008, 06:30 PM
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DWI Arrests versus Conviction in Civil Court


What is the name of your state (only U.S. law)? TX

I know that in criminal court that you must be found guilty for a conviction, otherwise you only have an arrest record but not a conviction record.

However, i'm under the impression that in civil court the arrest can be used to prove a pattern of arrests since you don't have to prove guilt in civil court like you do in criminal court. Am I correct? Or should the arrests not be brought up? Thanks
  #2  
Old 12-21-2008, 06:49 PM
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In a civil court, you must first prove you have been damaged in some way as well as show proof for the dollar amount of said damages or what it will cost to make you whole again. These are the "actual" damages.

Then you must prove, by a preponderance of the evidence, that the person(s) you are suing, is responsible for these damages.

If the damage was done with malice or falls into a description of outrageous conduct on the part of the defendant, then you can also sue for and receive punitive damages which can at times, be well above and beyond the amount of actual damages.

Punitive damages are awarded in order to punish the defendant for their conduct and hopefully teaches them to refrain from repeating such behavior in the future.
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  #3  
Old 12-21-2008, 08:07 PM
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Thanks. I had suspected such.
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