accident report privilege Actual physical control, corpus delicti, field sobriety exercises

Corpus Delicti – DUI – Statements of Identification

Tampa DUI and Expert Defense Attorney

Tampa DUI and Expert Defense Attorney comments on Actual physical control of vehicle, Evidence and Statements of defendant, including Identification of defendant as driver. Recently a court ruled that there were inadmissible statements made during an accident investigation. Court ruled there was an invalid identification of a driver in alleged DUI using driver’s license and documents provided to trooper investigating accident. The defendant’s admission that he was driver were protected by accident report privilege . Post-Miranda statements which restated admissions made during accident investigation are inadmissible to establish Corpus Delicti.

A court recently ruled that where prosecutor failed to prove existence of legitimate independent source identifying defendant as driver of vehicle at time of crash, any evidence as to identity of the driver is inadmissible in the DUI criminal case. Finally court destroyed the State’s case when it found that where the cop did not observe evidence of impairment and the odor of alcohol until after he had requested that defendant submit to field sobriety exercises and had demonstrated first exercise, any evidence related to field sobriety exercises was inadmissible.

Accused of DUI with a Crash? Tell me your story Toll Free 1-877-793-9290 .

Source: FLW Vol 16 / 863a

Corpus Delicti – DUI – Statements of Identification