Our client a commercial driver was involved in an accident in a parking lot in Bradford County. The Deputy who arrived at the scene of the accident completed an accident investigation. The deputy also had suspicion that our client was impaired and began a DUI investigation. Our client made incriminating statements during this criminal investigation. However, the deputy never switched hats from the accident investigation to the criminal investigation. He was required to notify our client that the accident investigation was over, and the criminal investigation had begun. He was also required to read Miranda. Because he failed to do so the statements couldn’t be used against our client. Our client refused both the breath test and field sobriety exercises providing the State with no evidence to prosecute him. Due to the lack of evidence, we were able to negotiate with the State and a deal was reached to reduce the DUI.
DUI & Criminal Division
