Defending the DUI Accident or Crash Case
Tampa DUI Attorney on Accident Report Privilege or Immunity
On of the most useful defenses available in many DUI cases that involve a vehicle collision is the accident or crash report privilege. Florida law contains a special statutory provision that information provide during an accident investigation is privileged.
The Accident Report Privilege essentially grants immunity to the person making the statement during the crash investigation. The officer must then "change hats" and tell the suspect that he is not beginning a criminal investigation before statements will generally be admissible. The officer must say something to the effect of "this is now a criminal investigation" and then read Miranda warnings before questioning the driver to ensure that the statements would be admissible during the DUI trial.
Under Florida law, after a crash involving property damage, personal injury, serious bodily injury, or death, the driver is required by statute to give his name, address, license number, and registration documents to the officer. The driver is also required to provide a statement and submit written reports.
In order to make sure that compliance with this statute did not violate the driver's constitutional protections against self-incrimination, the legislature essentially designated these statements to be "privileged" or not admissible during formal review hearings, probable cause determinations, motion hearings or at trial.
The accident report privilege essentially provides the following protections:
- Admissions or statements made during an accident investigation pursuant to Florida Statute Section 316.066 may not be used as evidence in an administrative hearing or during a civil or criminal trial; and
- The officer must read Miranda warnings if during the course of the investigation the officer starts asking questions or gives any indication that the driver is required to give information.
The accident report privilege is more adkin to a type of immunity because the statements are not even admissible for impeachment purposes (which is the case for statements obtain in violation of Miranda or the right to counsel).
Contact a Tampa DUI Attorney at the Sammis Law Firm in Hillsborough County, Florida, to discuss this important defense that can lead to the exclusion of evidence, particularly incriminating statements that could later be used to show impairment or who was driving the vehicle at the time the accident occurred.