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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 27 yrs. exp. in criminal law
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A few nights ago, I was in a car accident because I swerved

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A few nights ago, I was in a car accident because I swerved to hit a deer and ended up hitting a fence and the police arrived on the scene. They had suspected me of drinking and asked me to take a field sobriety test. I complied. At the end of the whole thing, I was not cited and the officer told me I would not be charged with anything. Can I be charged for anything at a later date reguarding this incident?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 months ago.
Hello,

Thank you for the information and your question. Yes, technically, if the police report is reviewed by the officer's supervisor and they think there is probable cause to believe you committed a crime, then they could file a charge with the prosecutor. However, that really is not likely at all if the officer did not cite you at the scene of the accident.

Please let me know if you have any follow up questions. I would be glad to assist you further if I can.
Customer: replied 5 months ago.

but if i wasn't cited for anything, can the officer say that i had been drinking in the police report? I was not given a BAC test or anything. What will the police report entail if i wasn't charged with anything?

Expert:  Marsha411JD replied 5 months ago.
Hello again and thank you for the additional information. The police report will include the facts that the police officer gathered at the scene. So, if you said you had been drinking, it will be in there. They just put down the information that they gather at the scene. If you didn't admit to drinking, they won't say that you were. They will just say what happened when they arrived at the scene and what happened from there on out, including you passing the FST that they administered. So, if you are worried about being charged with a DUI, that is not going to happen. They would have had to not only had a failure on the FST but also administered a blood or breath test. Otherwise, there is no evidence for a DUI.
Customer: replied 5 months ago.

okay. i had told the officer multiple times i had not been drinking (he asked several times) and i always replied with a no, sir. so, even if he suspected it, he cannot put it in the police report? as i said, at the end of everything, he said i wasn't going to be charged with anything and let me go. my car was towed (it ended up being totaled) i just wanted to make sure that they couldn't come back later and say i had been drinking when i never admitted to it and i was not cited. i guess i just need to be clear that it will not be on the police report just on his opinion alone.

Expert:  Marsha411JD replied 5 months ago.
No, he cannot say you had been drinking if you didn't admit to it. He can though states the facts of what happened at the scene, which is the entire conversation you had and what his subjective opinions were based on the scene and your demeanor. He can say that he ruled out that you were driving under the influence by administering a FST and that you passed it. This is very standard procedure. They must write down exactly what happened at the scene and what they observed and that is it.
Customer: replied 5 months ago.

so, based on what he says in the report, can i be later charged with dui?

Expert:  Marsha411JD replied 5 months ago.
No, I stated that you cannot be charged with a DUI since they didn't gather any necessary evidence at the scene.
Customer: replied 5 months ago.

so, in your opinion, can i stop stressing over this?

Expert:  Marsha411JD replied 5 months ago.
Yes, in my opinion you need not worry at all about being charged with a DUI.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 16626
Experience: Licensed attorney with 27 yrs. exp. in criminal law
Marsha411JD and 7 other Criminal Law Specialists are ready to help you
Customer: replied 5 months ago.

if, in the officers opinion, i had failed the FST, would i have been cited or placed under arrest?

Expert:  Marsha411JD replied 5 months ago.
Yes, you would have been either cited or place under arrest if the officer thought you were driving under the influence.
Customer: replied 5 months ago.

so i'm basically in the clear?

Expert:  Marsha411JD replied 5 months ago.
Yes, as I have reiterated a few times, there would be no evidence for a DUI charge.

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