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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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is it police procedure to call the paramedics if you are involved

Resolved Question:

is it police procedure to call the paramedics if you are involved in an accident and the airbags went off?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to assist on this matter. I am an Arizona attorney with over 12 years experience in criminal law.

It is...that is, if there is an accident where the airbags deploy, that is a reason to call for medical assistance.

Two reasons

1. One of the criteria for a "trauma" call (a trauma call is when the hospital is alerted of potential serious injury or trauma) is air bag deployment. So when the police see airbags deploy they are on heightened alert.

2. Air bags pack a lot of energy when they deploy...in fact, it is possible to be seriously injured by deployment alone.

So for both of the above reasons, it is common for police to call medical (the ambulance) in such cases.

Customer: replied 1 year ago.

I was arrested for dui after i crashed my car into a curb. the airbags went off and i was dizzy and incoherent. the officer asked me to do some field sobriety tests which he said i failed. He took me down to the station and I blew a .09 and he also didn't observe me between the 2 tests at the station. Is the officer neglecting a procedure here?

Expert:  P. Simmons replied 1 year ago.
I do not know, since procedures are local to the department...they are not statewide.

But I will opt out and allow other experts to weigh in on this, if they can

hang on please
Expert:  Dwayne B. replied 1 year ago.
The users manual on the machine as well as the NHTSA manuals on DWIs instruct the police that they are to watch the suspect before and between breath samples to ensure that they don't burp, eat anything, etc.

In addition, almost all police departments have a specific procedure to follow then performing the tests and I have never seen one that did not specify watching the person before and during the tests.
Customer: replied 1 year ago.

Ok, but is it entirely fair to perform fst's on someone who was involved in a crash and the airbag went off in his face and automatically assume alcohol played a huge part instead of just falling asleep at the wheel? I do realize i had some fault in the dui but i'm hopping for some kind of loop hole that can get my charge dropped lower or possibly dismissed. I really cant afford a record like this because it'll effect my job

Expert:  Dwayne B. replied 1 year ago.
That all plays into the picture. The NHTSA manual mentions not giving the FSTs to a person that has been involved in a wreck or may be injured. Your lawyer will be able to use the info to your advantage.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27194
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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