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DUI-Accident Report Privilege

Posted by John P. Rutkowski | Nov 18, 2022 | 0 Comments

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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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.


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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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