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attorney william hanlon

tampa criminal attorney, analyzes the accident report privilege»

DUI Evidence & Admissibility
facts: There aren't very many events in life that rival the terrible feeling of being arrested for Driving Under the Influence. When an accident is involved this experience can many times become even worse. Most lawyers engaged in defending these cases are very familiar with the "Accident Report Privilege" and its repercussions. This article is designed to give some guidance to non-lawyers who have very little knowledge of the law and how it operates. The accident report privilege springs from every driver's statutory duty to answer questions posed to him/her by law enforcement when they have been involved in an accident. When someone is involved in an accident and law enforcement suspects them of being intoxicated it presents a special problem. The duty to report compels the DUI driver to answer all the officer's questions about the accident, but in the process the answers to those questions could lead to very incriminating statements about a potential criminal charge of DUI. Every person also has a right to be notified of their fifth amendment rights (usually before a "custodial interrogation" or a formal arrest) prior to law enforcement questioning them about alleged criminal conduct. To address the problem of compelling possible incriminating statements from driver's involved in accidents that could flow from criminal conduct the Florida Legislature enacted the "Accident Report Privilege" (See Florida Statute 316.066(7)). The statute states that statements made by a driver involved in an accident to law enforcement during the accident phase of the officer's investigation are privileged and inadmissible against the driver in any trial civil, or criminal. The only exception to that rule involves statements made by the driver to the officer that do not violate the driver's privilege against self-incrimination (this exception can arise when the driver's statement qualifies as an "excited utterance"). In response to this statute law enforcement officers investigate an accident that could involve a criminal traffic charge in a different way. They initially ask questions of the driver during the "accident phase" of their investigation (like they would after any traffic accident). If they become suspicious during the accident phase of their investigation that the driver was involved in criminal conduct (DUI, vehicular manslaughter), they begin the "criminal phase" of their investigation.
defense: The critical question for anyone suspected of being involved in any criminal traffic charge is when does the "accident phase" end, and the "criminal phase" begin.
results: The answer to this question will determine which statements, made by the accused, are admissible.
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