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  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: What Are Legal Remedies when Vehicle Crashes into House

    I suspect that you were not considered a "victim" because the report was not a crime report. At least, I suspect the original report was a collision report and not a crime report. No crime, no victim. You are free to argue the point, or, pay and obtain a copy of the report and contact higher-ups on the matter later.

    Quote Quoting Chuck77
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    I would file a formal complaint against the officer in charge of the accident. I would accuse him of dereliction of duty for not requiring a blood alcohol and drug test. I would also include that the officer had zero evidence that the driver fell asleep at the wheel, outside of the driver's claim that he did.
    One cannot generally demand a chemical test absent probable cause to believe the driver was impaired AND that he was arrested for the suspected impaired driving. It IS possible that should some form of criminal charges be filed, they can seek a subpoena for medical records that might also include records of chemical tests. It is also possible that should the police obtain information that leads them to believe there might be probable cause to believe the driver was, indeed, impaired, they can obtain a search warrant for those records.

    It is not "dereliction of duty" to not obtain a chemical test when the law does not permit it.

    But, the OP is free to complain about whatever they choose to complain about.

    An officer must have probable cause by the failing of a field sobriety test before he can demand a breath, blood or urine test. But isn't running into a house enough evidence that the driver is not of sound mind? And again, claiming he was asleep is an unsubstantiated excuse from the driver.
    There are many reasons why a driver might run off the road. or rear end someone. Or speed. Or lose traction. The act, by itself, does not give rise to the probable cause necessary for an arrest (which is what must happen before you can compel a chemical test). Keep in mind that a chemical test occurs when there is an arrest, not when a person is suspected of the offense.

    This is why these matters often go to a traffic unit or investigator for review to determine if there might be sufficient cause to seek a search warrant for hospital records, or, to file a criminal case and subpoena those records.

    Since terrorists often use cars to carry out their crimes, this is very much "like" a terrorist act...which is what the OP clearly originally said.
    More appropriate if the act was intentional. If not intentional, then it was more like "an accident."
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    Dec 2018
    Posts
    168

    Default Re: What Are Legal Remedies when Vehicle Crashes into House

    Quote Quoting cdwjava
    View Post
    I suspect that you were not considered a "victim" because the report was not a crime report. At least, I suspect the original report was a collision report and not a crime report. No crime, no victim. You are free to argue the point, or, pay and obtain a copy of the report and contact higher-ups on the matter later.


    One cannot generally demand a chemical test absent probable cause to believe the driver was impaired AND that he was arrested for the suspected impaired driving. It IS possible that should some form of criminal charges be filed, they can seek a subpoena for medical records that might also include records of chemical tests. It is also possible that should the police obtain information that leads them to believe there might be probable cause to believe the driver was, indeed, impaired, they can obtain a search warrant for those records.

    It is not "dereliction of duty" to not obtain a chemical test when the law does not permit it.

    But, the OP is free to complain about whatever they choose to complain about.


    There are many reasons why a driver might run off the road. or rear end someone. Or speed. Or lose traction. The act, by itself, does not give rise to the probable cause necessary for an arrest (which is what must happen before you can compel a chemical test). Keep in mind that a chemical test occurs when there is an arrest, not when a person is suspected of the offense.

    This is why these matters often go to a traffic unit or investigator for review to determine if there might be sufficient cause to seek a search warrant for hospital records, or, to file a criminal case and subpoena those records.


    More appropriate if the act was intentional. If not intentional, then it was more like "an accident."
    I think you are incorrect and are slanting your post in favor of the officer's actions.

    We all know that the police can request (demand) a field sobriety test if a driver simply does not keep his line (slightly swerve) while driving. Then, lie about the results (because they are extremely subjective, causing everyone to fail) and demand a breath test. Well, if the police can demand a FST when you swerve, with no evidence of alcohol, why can't they demand a chemical test when you run into a house? Is it because the officer could not perform the subjective FST first because the guy was injured, not allowing the officer to gather his fake probable cause for the chemical search?

    If you support the officer's actions, can anyone simple say they were sleepy the next time a FST is requested roadside, and get out of it? I doubt it!

  3. #13
    Join Date
    Oct 2016
    Posts
    2,846

    Default Re: What Are Legal Remedies when Vehicle Crashes into House

    Quote Quoting Chuck77
    View Post
    I would file a formal complaint against the officer in charge of the accident. I would accuse him of dereliction of duty for not requiring a blood alcohol and drug test. I would also include that the officer had zero evidence that the driver fell asleep at the wheel, outside of the driver's claim that he did.
    I'm surprised you aren't defending the driver because the house didn't have proper signage that it wasn't a road.

    Your rant just proves your anti-police stance.

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