Found At Fault After Accident With Spouse of the Investigating Police Officer

[Aznanalyst83]

Hey all:

A friend of mine sort of got himself in a jam. A car hit him while he had the right of way. Unfortunately, the police officer that showed up just happened to be the other driver's husband.

Needlessly to say, she got off scot free and he now get a report saying "all faults belong to him"

Is this legal? Isn't it somewhat of a conflict of interest involved? Or is my friend automatically screwed?

[cdwjava]

Legal? Yes. An apparent bias in any opinions and conclusions? Absolutely.

The officer should have deferred the investigation to another agency. As it is, any conclusions he has in the report are going to automatically be suspect.

Work with your insurance company.

[Aznanalyst83]

Is there a legal statue that prevent this kind of things? As an accountant for example, I am not suppose to audit my spouse's company.

So there should be a law that state the same for traffic laws?

[cdwjava]

Is there a legal statue that prevent this kind of things? As an accountant for example, I am not suppose to audit my spouse's company.

So there should be a law that state the same for traffic laws?

You did not mention your state, so there is no way to know if such a law exists. However, I doubt that any LAW exists to prevent this sort of thing. As a practical matter, or as a matter of local policy,it should not be permitted. But, policy is not law. My state, for example,has no law to prevent this sort of thing. However,my agency has a policy of calling in the CHP to take a report that might involve a family member within our jurisdiction. That policy is not the law, it is just how we are supposed to do things in my agency.

You can certainly bring up the relationship in order to try and cast doubt on the objectivity of the report. However, all because his wife may have been involved does not mean the investigation came to the wrong conclusion, it just means there is an inherent perception of bias.

[Aznanalyst83]

You are a credit to your profession sir.

We are in Mass, but I understand the situation seem to be biased but it seem go around accousing a police officer is a no win situation most of the time.

[Brian Simoneau]

Section 19 of GL. c. 268A prohibits municipal employees from participating personally and substantially in their official capacity in particular matters in which, to their knowledge, they or their immediate family members have a financial interest. Where a Milford, Massachusetts Police Sergeant participated in drafting the initial official police accident report regarding his wife's automobile accident, the Massachusetts Ethics Commission fined him $1,000.00.

Here is a link to the case.

[cdwjava]

Nice find ... interesting. I wonder how many other states have similar statutes? If mine has anything similar, it is buried deep.