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  • Writer's pictureAttorney Joseph Soler

Did you get a DUI and get in an accident?

The state may not be able to use any statements that you made during the traffic investigation against you!

The accident report privilege prohibits the state from using statements made by persons involved in a crash against them, if the statements were made to law enforcement during the course of an accident investigation. After the accident investigation is complete, officers will sometimes figuratively "switch hats."

By switching hats the officer is signaling that he or she is concluding the accident investigation phase and beginning the criminal phase of the investigation. During the criminal investigation, statements made by the defendant sometimes can be used against the defendant. (I say "sometimes" because there are situations were a suspect is in custody and being questioned where law enforcement must read Miranda in order to later use the statements against the subject.)

The purpose of the accident report privilege is to encourage people involved in vehicular accidents to speak to law enforcement freely and honestly, so as the officer can accurately determine the causes of the accident.

Call the attorneys at Soler & Simon for a free case evaluation.

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