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Blog · January 6, 2016

Why didn’t the Cops give a Breath Test to the guy who hit my Motorcycle and sent me to the Hospital? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Why was he not breathalyzed or given citations?  Okay so I was in a motorcycle accident and the other driver was at fault. He pulled out of a men’s club aka bar at 3 o clock in the afternoon. I was in the middle lane and he cut across 3 lanes of traffic into my path of travel and caused me to wreck. He was never breathalyzed or even given his citations at the scene. I was sitting in the hospital bed while he was on his way home.
A:     Chosen as “Best Answer” by Asker on www.AVVO.com
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

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1

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Best Answer
chosen by asker
Answered . Please do not misinterpret my sarcasm… I am using it to make the point that you are you asking a bunch of cyber lawyers who were not there and are not cops to explain another human being’s decision making process in an incident that we did not witness…

The fact is that I cannot even tell you with any degree of certainty what I am going to have for dinner tonight much less why a given cop chose to act in a given way at a given point in time.

My guess (“guess”) is that the cop did not believe that there was any impairment issues involved in the accident. Perhaps the cop thought that it was an accident – you know, “an unplanned and spontaneous occurrence”…

If you think that the cop acted improperly then, when you are released from the hospital, go to the station and file a formal grievance (an internal affairs complaint).

And if you are truly aggrieved then consider hiring a lawyer to work for you. In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim’s rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim’s rights advocates.

Please take a look at my YouTube Webisode on Crime Victim’s Rights in Florida. It supplements this answer with valuable information on the subject. For your convenience a link to the video follows:

Haber PA’s YouTube Webiside on Crime Victims Rights Advocacy –https://youtu.be/169dN0_vDZ0

In the meantime please rest up, get healthy and thank ________ that you are alive (even if not on your feet, out and about) and here for the holiday season and new year.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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