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Wheel Witness
In any prosecution for any criminal driving charge – i.e., DUI, fleeing and eluding – the State must prove that the accused drove the vehicle. If the State does not have this witness, the case is often dismissed. If an officer conducts a traffic stop for a violation that officer becomes the wheel witness.
There are instances, however, when the police arrive at the scene of a crash, and everyone is out of their respective cars. If the crash they responded to involves two or more vehicles, then the drivers or the passengers of the vehicles that remained at the scene may be able in some cases to act as that wheel witness. But if they cannot, the state lacks this crucial witness.
Moreover, pursuant to Florida’s Accident Report Privilege, any statement a driver makes to the police regarding the accident, is not admissible to prove that that individual actually drove. If you have been involved in a crash and criminal charges resulted, you must speak to an experienced attorney familiar with the nuances of this body of law. Call Michael White today for a free consultation.
