Accidents that occur in Florida are investigated by the police. Through this investigation, police obtain information regarding the accident. Any person involved in an accident is required by law to report the accident in order to encourage cooperation among drivers. Information obtained by the police in the accident investigation can often be incriminating, especially if the accident occurred as a result of a DUI. The Accident Report Privilege excludes the use of these incriminating statements against the DUI offender in a civil or criminal trial. This privilege applies only to accident investigations.
An accident investigation can turn into a criminal investigation if the officer believes that the accident was caused by a DUI. Before the officer can begin a criminal investigation, he must inform the driver of his intentions to change the investigation and must also give the driver Miranda warnings. Failure to inform the driver or give proper Miranda warnings can result in the suppression of incriminating statements.
Before you worry about what you told the police, call our skilled DUI attorneys today at 1-888-781-9696 to determine whether your statements qualify under the Accident Report Privilege.