QUESTION
If a person rear ends another vehicle and causes an accident, is "following too closely" the only charge?
Asked on Mar 08th, 2014 on Personal Injury - Michigan
More details to this question:
Is a police officer bound by law and profession to conduct breath/field sobriety test if he suspects that wrongful party has been drinking? If person who rear-ended is clearly intoxicated or has been drinking but is NOT charged with DUI, does that limit victim's recourse? If intoxicated driver involved in an accident, is it mandatory for them to be tested or charged with DUI or can officer overlook this?
5 ANSWERS
Ronald A. Steinberg
No. Driving too fast for conditions, distracted driving, bad brakes, etc.
Answered on Mar 27th, 2014 at 6:09 AM
Edwin K. Niles
From your perspective, it's all the same. That party is clearly at fault, and charging him with DUI doesn't change that.
Answered on Mar 11th, 2014 at 5:32 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't think anything is mandatory. The officer will generally charge the driver if he thinks he can prove the case. if he does not charge it may be be cause he knows he cant make the case.
Answered on Mar 11th, 2014 at 4:26 AM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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An officer must have probable cause to believe the person in intoxicated before a breath test can be taken. The smell of alcohol is not sufficient probable cause.
Answered on Mar 10th, 2014 at 11:54 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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This is a matter of an officer's discretion, and has no effect on what you, as the rear-ended party, have a right to collect.
Answered on Mar 10th, 2014 at 11:53 AM