CHALLENGING THE STATEMENTS: ACCIDENT REPORT PRIVILEGE |
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A DUI in Clearwater resulting in an accident requires investigation by the police. Florida Law mandates that a person report an accident to authorities to encourage cooperation in automobile accidents. As a result, incriminating statements are often found within this report. The Accident Report Privilege excludes these statements from being used in a civil or criminal trial against the DUI offender. This privilege will apply as long as the officer is conducting an accident investigation. If the officer suspects that the accident resulted from a DUI, he may inform the driver that he is conducting a criminal investigation related to the accident. At this point, the officer must inform the driver of his Miranda rights before any further questioning can be conducted. If the officer fails to inform the driver that he is investigating a crime, statements made may be suppressed. Call our skilled DUI attorneys today at 727-222-3610 to determine whether your statements qualify under the Accident Report Privilege.
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