Question about DUI Inv. (What If?)

The SAO will not file in many cases because the driver does not have to testify at trial.

No wheel witness ( someone else who puts him behind the wheel), no case.

Don't forget the crash report privilege that works to protect drivers from charges in exchange for telling the truth. While there are some cases where an SAO has been able to by pass the crash report privilege it is very rare as the crash report privilege was designed so that a drivers statement could not be used against them to file charges.

Now if the driver just starts rambling about what happened and you hear them that is not covered under the crash report privilege but is again very hard to get an SAO to file on.

The SAO will not file in many cases because the driver does not have to testify at trial.

No wheel witness ( someone else who puts him behind the wheel), no case.

The sole individual in the vehicle made comments to first responders that he was the only one in the vehilce / driver. I don't have the quote, but its documented.

Rumors abound that due to who this person is, things may not have been handled the right way...

Regardless, proper attention to the incident is being given at this time so only time will tell.

Thanks again.

The driver would be protected under the crash report privilege. Move on there is nothing else to see here.

Spontaneuos uuterance will at times get the Defendant convicted, treat them and question them with kindness and they will tell you everything you need to know... :devil: treat them like a brother and sister you are trying to help and you will see how far you can get , remember to use Miranda that will get you a greater conviction rate.

Why did my last message get deleted? I asked if the original poster is Diamond Dave as in the boxer? I believe it is. Just curious. I believe he lived or lives in the Tampa Bay area. I was a fan.

[Diamond Dave]

I appreciate everyones comments, thanks.

The nuts and bolts about this case that I waited to disclose are this:

1) Original Incident was NEVER reported (truck flipped off bridge, fell 60 feet upside down, trapping driver under water. Hero kid jumps in water, saves driver. This took place May 27th 2013 at 0115 hours).

2) Rumors abound within two days that the case was "covered up". Reason, the driver was the principal of a local school, where "troubled" youth are sent. The school district could not afford to loose him.

3) Of the multiple first responders (EMS, Fire, Sheriff), no one documented anything. FHP arrives over one hour later to the scene.

4) Driver had refused any medical treatment and EMS, Fire left in 10 minutes.

5) Rumors continue to abound of a "cover up" yet no proof, not even confirmation that the incident occurred is public.

6) Almost three months after the incident, local law enforcement holds an awards ceremony, and presents the kid that saved the guy an award. ONLY at this time, does one local paper cover this story. It confirms that the driver was the Principal and that the incident did in-fact occur as stated in point #1.

7) Public records requests are made and very little information is provided (to both private citizens and media). Rumors continue to circulate.

8 ) Contact is made with two FHP Lieutenants (as part of a PR request) and at that time it is determined that "mistakes" were made in the case and that it was being re-opened.

9) FHP did confirm that alcohol was involved in the crash, but due to the errors made in the Crash Report, the boxes noting this were not marked, thus no one caught it.

10) At this time, it is my understanding the case is being looked at once again.

I understand its a hard prosecution, but that's not the point. Multiple people are saying there was a purposeful cover up (locally) to protect this guy.

He had "serious" injuries, but refused transport. Someone did transport him to the hospital that night and that is where more rumors are being fueled. Some say it was the school superintendent that "assisted" him.

Almost three months to make a media release about a car flipping off a 60 foot bridge, falling into water, trapping driver and a hero kid saves him... Come on.

No reports by responders?

Almost appears the medical transport refusal was made with intent to avoid it.

It's not about the prosecution of this incident, its the many questions that surround the incident and the allegations that there may have been political influence involved.

Also, wouldn't a truck, hitting a concrete guard rail, cause property damage?

Appreciate the help.

"Cover up"???? Really????

I'm sorry, but if the press missed it, that's not LEOs or EMS/Rescue covering anything up.
We don't do press releases on everything. I don't care who the driver / passenger is or where they work.

No, scraping concrete, as the car flips over it, does not always cause real damage and many bridges have so many scrapes, you can't tell what is new and what is from last year.

I don't know what the trooper was told an hour later when he got there, or if anyone else left the scene without waiting for him or talking to him.

You say that 1) it was NEVER reported and then 9) FHP did confirm that alcohol was involved in the crash, but due to the errors made in the Crash Report, the boxes noting this were not marked, thus no one caught it.

Which was it? Never reported or mistakes made when it was reported????

"Had been drinking" does not mean DUI. If probable cause was not there, no arrest would be made and it would NOT be a big deal.

Troopers arrest other Troopers and Cops for DUI, so if you think they will risk their job to "cover up" for a school principal, think again.

Where did this happen (County, Bridge, Highway)?

Who is the "Principal"?

Who is the "Hero"?

[Lone Ranger]

Sorry but this is a police type forum Miss. Its like a frat party at there bros place after work.
I'm sure you mean well by posting what you think is the right thing to do. As far as someone giving you a sworn statement not gonna happen.
Bad idea to post complete details of what you know, it only helps the powers that be make the problem disappear faster. First of all you where not present when this happened, nor did this person hit you or your vehicle. Some idiot drove his car over a bridge and almost died dam it lucky him.
Cops usually won't bother with it no harm no death no foul. It's a good thing that you are trying to get something done. But busy body's mean well but fall short on the runways usually you just get the run around. Public records requests ya right YOU where not involved.
Your best bet is to do a neighborhood petition of sorts write a good outline of what your concerns are in detail get enough signatures and mail it to your local mayor remember this is America every vote counts let him know that. As far as the hero kid who saved this guy. Well um if you want a sworn statement your best bet. It's best to leave it to the local state A to handle such things STAY OUT of it take a back seat.
If he was drunk at the scene it's past the whole him being charged for anything NO evidence. To bad it takes something like a death or injury for them to do anything. They only encourage people like this by giving out get out of jail free cards. Even if he does manage to go in front of a judge it's a simple hey the road was wet lost control dismissed

Crash privilege doesn't apply to EMS or fire. It just applied to LEO's. statements made to EMS can be used to wheel a driver and medical records of value can be subpoenaed to do the same thing. It's done in DUI Manslaughter and VHom cases all the time. It's not usually done in misd DUI cases so there wasn't any coverup here.

[Diamond Dave]

OK, I'll bite on the challenge.

First, NO ONE is accusing FHP of anything, this will be revealed in the Crash Report.

The questions lie with the first responders and their lack of documentation. It is well known in the community that this is being "looked at".

Here is the media release referenced. You do the rest...

http://www.nwfdailynews.com/local/hero- ... s-1.181618

Do Research before further comment.... Thanks. I appreciate the input, but look at the details, or lack there of...

A political cover up is alleged, so tread lightly... :wink: