Fort Lauderdale Crash Does Not Equal Impairment Attorney
Approximately 30 percent of all car accidents in Florida are caused by drunk driving. While that number is high, it also means that 70 percent of traffic accidents do not involve impaired drivers. Unfortunately, police officers often disregard this fact, in their overzealous pursuit of laying charges for driving under the influence. It is critical to remember that a crash does not mean you were impaired at the time, no matter how insistent police officers are at the time. If you have been wrongfully accused, our Fort Lauderdale crash does not equal impairment attorney can assist with your case.
Why am I Facing Charges Even Though Crash Does Not Equal Impairment?
Police officers often charge innocent people with driving under the influence after they are involved in a crash and get out of the vehicle. For example, a passenger may be over the legal limit, which is not illegal because they were not driving. After an accident, that passenger may get out of the vehicle to ensure everyone is okay and is not hurt. When police arrive, they may wrongly assume the passenger was driving the car, and charge them with a DUI.
In these cases, it is important to collect evidence that shows you were not driving, even though the prosecution will have the burden of proof to show you were guilty beyond a reasonable doubt. Evidence such as witness statements, video surveillance footage, and more can all help prove that you were not impaired while driving.
Statements May Be Inadmissible When Crash Does Not Equal Impairment
When you are involved in an accident, you are required by law to report it to the police. However, due to the fact that you may incriminate yourself if you call the police, Florida has an accident reporting privilege that can provide some protection. The Florida Supreme Court has determined that under the law, your statements generally cannot be used against you after an accident. The only exceptions to this are when the police officer has specifically stated they are not investigating a criminal matter and not the crash, or they have read you the Miranda warning.
If the police officer has not taken either of these actions, your statements are considered inadmissible in court and therefore, they cannot be used against you. Still, it is always best to say as little as possible to the police at the scene of any accident, particularly if you have been drinking and think you may face DUI charges.
Call Our Crash Does Not Equal Impairment Attorney in Fort Lauderdale
If you have been in an accident and are now facing charges for a DUI, our Fort Lauderdale crash does not equal impairment attorney at Meldon Law can help. We know that not everyone charged is guilty, and we will defend against your charges to give you the best chance of a positive outcome. Call us today at 800-373-8000 or fill out our online form to schedule a free consultation and to learn more about how we can help.