Florida's accident report privilege was made to preserve a person's Fifth Amendment rights under the US Constitution while at the same time, requiring reporting of a car accident pursuant to state regulations. Pursuant to Florida Statute 316.062, a motorist that is involved in a vehicle accident has a legal responsibility to supply law enforcement with his name, residential address, license, insurance together with other information for the purposes of completing an accident report. Failure to provide the documents and information mandated by Florida law is a misdemeanor criminal offense. If confessing to being the driver of a car would implicate the driver in the commission of a criminal offense, such as DUI, then the statutory reporting requirement conflicts with the federal privilege against self incrimination. Accordingly, Florida Statute 316.066(7) eliminates the conflict by providing that the statements provided by a person subject to the mandatory reporting requirements in Florida Statute 316.062 are made "without prejudice" and the statements aren't allowed to be used in any future criminal or civil proceedings.

Law enforcement tend to handle a accident report with suspicion of criminal activity in 1 of 2 ways. The police officer on the scene can tell the individual "I am now beginning a criminal investigation" or in the alternative, the police officer can request an "independent crash investigation." An independent crash investigator conducts the criminal investigation without the use of the information obtained in the accident report.

In appellate court overturned the lower court's finding of guilt and sentencing of defendant for a felony DUI conviction. The district court of appeal held that "the testimony of a police officer concerning statements made by the defendant was erroneously admitted into evidence in contravention of the accident report privilege," as was conceded by the prosecution. The First District Court of Appeal held that this error was not harmless beyond a reasonable doubt, and ordered ordered a new trial.

The State of Florida is one of the few, if not the last, remaining state(s) with a statutory accident report privilege. In other states the defendant should raise his or her constitutional right against self-incrimination in all accident cases where the information from the crash investigation is introduced defendant in a criminal case. There have been different results depending on the jurisdiction. Many of the rulings seem to revolve around whether the defendant was informed that the officer was no longer conducting a civil investigation. A standard practice for all officers investigating an accident, and suspect criminal activity, should be to inform the suspect at the conclusion of the civil aspect of the investigation is complete and when the criminal investigation begins.

For additional information on Fort Lauderdale DUI Attorney or Fort Lauderdale DUI Attorney please contact:

The Law Offices of Michael A. Dye, PA

1 E Broward Blvd #700

Fort Lauderdale, FL 33301

(954)990-0525