DUI-Accident Report Privilege

Nov 18, 2022

Defendant was arrested for DUI involving a crash. During the crash investigation Defendant made statements that were prompted by officer’s questioning during crash investigation and are inadmissible pursuant to accident report privilege. At the conclusion of the crash investigation the officer advised Defendant that he was starting a criminal investigation but failed to read Miranda warnings to the Defendant. As a result the statements made in response to questioning during criminal investigation were excluded. However the Court found that spontaneous statements made by defendant during criminal investigation were admissible at trial. The Defendant’s refusal to perform field sobriety exercises is not admissible because the Defendant was not advised of any adverse consequences of refusal.

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