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DWI checks involving wrecks


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#1 Francis.

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Posted 27 December 2012 - 09:50 AM

When a driver causes an accident by wreckless behavior such as speeding, weaving in and out of traffic, should the police check for alcohol/drug impairment?

#2 LegalwriterOne

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Posted 27 December 2012 - 10:21 AM

Depending upon the specific police agency, they usually do, but it's not legally required if that's what you're asking.

#3 Guest_FindLaw_Amir_*

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Posted 27 December 2012 - 10:31 AM

Would most likely be in the discretion of the police officer.

#4 pg1067

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Posted 27 December 2012 - 01:27 PM

I don't really understand the legal issue you're raising, if any. To the extent you are implying that all or most persons who "cause[] [] accident[s] by wreckless behavior such as speeding, weaving in and out of traffic" are intoxicated, I disagree. If an accident has occurred and one or more persons involved exhibits signs of intoxication, then I would agree that it would be prudent or desirable for further investigation to occur.

If I haven't answered your question, you should clarify what you're asking.

#5 adjusterjack

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Posted 27 December 2012 - 01:41 PM

When a driver causes an accident by wreckless behavior such as speeding, weaving in and out of traffic, should the police check for alcohol/drug impairment?


Not routinely and not by obligation.

But I'm sure that they would check if they suspected impairment.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#6 Francis.

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Posted 27 December 2012 - 05:08 PM

I was asking if legally the police have to check for impairment. So I guess my question was answered; they don't.
To: Platinum Contributor, was not implying anything, only asking a question.

#7 pg1067

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Posted 28 December 2012 - 07:14 AM

I was asking if legally the police have to check for impairment.


Well...no, that's not what you asked. You asked whether the police "should" check under the circumstances you described. That basically calls for subjective opinions. In any event, I agree with the others that no state imposes a legal obligation on the police to do this.




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