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DUI crash aftermath: not always a slam dunk for the cops

Have you ever heard of the accident report privilege?

If you have not, you likely join most other Florida motorists for being in the dark concerning that legal doctrine and state law.

Briefly put, the privilege operates as a protection for any person who gives information to a law enforcement official pursuant to an accident investigation.

The underlying purpose of the privilege is eminently sensible. Individuals say many things that might not be in their best interests — including, sometimes, the offering of incriminating evidence that is not even true — when being questioned by police officers. They do so because they feel stressed, pressured, confused or flatly afraid.

It is the responsibility of an investigating police officer to independently piece together the material facts of an accident matter and file a report. Pursuant to that task, the officer has no legal right to rely upon persons who might utter self-incriminating statements to prove his or her case.

That is important to know for any person who is being questioned in a DUI accident investigation. It is additionally important to note that, notwithstanding the protections afforded by the privilege, there are limited exceptions.

We help clients understand the privilege and those exceptions at The Law Office of Corey I. Cohen & Associates, where, on our website DUI Accident page, we provide relevant information regarding DUI crash investigations and defense strategies.

As we note for readers of that page, an initial and most fundamental point to know about the subject matter is that “there are many winnable defenses to DUI involving property damage or a crash that many people are not aware of.”

Every Florida motorist has a right to a legal defense in a DUI-related case. Our law firm advocates with passion and diligence on behalf of every client who faces the formidable resources of state authorities in a criminal matter where driving under the influence of alcohol or drugs is alleged.

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