You can allege anything. The question is, can you prove it? Check out the allegations in a lawsuit currently pending in Fairfax County (Virginia) Circuit Court, as reported in The Washington Post:
Paragraph 10. “At the time of the collision, Defendant was going 85 miles per hour.”
Paragraph 12. “At the time of the collision, Defendant was having sex with a female.”
Paragraph13. “At the time of the collision, Defendant was driving admittedly drunk.”
Paragraph 14. “At the time of the accident, Defendant was partially or totally in the backseat of the car.”
So those are the allegations. Said the defendant’s lawyer …
… there was “no statement by anyone that they were driving on the Beltway having sex” and “no facts on it.”
The Post also reports that …
Records show the defendant, from Woodbridge, was convicted in Fairfax district court of drunken driving near Telegraph Road in May 2010. But now he denies he was driving. (What?) He was coming from his 21st birthday party in Baltimore, court records state. The woman involved has been dismissed from the case. There was someone ELSE in the car too, and HE denies driving as well.
Should be quite the trial. (It’ll take place next week.) Here’s the source.