Legal Question in Personal Injury in California

I was rear ended at a stop sign but there was no damage so I told the person it was fine and not to worry about it. As we were about to leave a police officer (who was driving behind the person who hit me) came out and started getting involved. He immediately asked if I had been drinking and proceeded to make me follow his finger with my eyes. (I was the one who got hit!) He then started questioning the cooler in my trunk seeing if there was alcohol in it and why I wasn't getting the person who hit me's information (I told him there was no damage and therefor no point). I was wondering if it was legal for this police officer to start questioning me about driving under the influence and accusing me when, especially considering I was the one who was hit, and he was in no way requested to be involved.


Asked on 7/24/10, 10:30 am

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

I don't see anything improper here. Sometimes the person who gets hit really is at fault, and sometimes it's because he's been drinking. If the officer had reason to think that was what had happened, then he was allowed to investigate.

Police can investigate a possible crime even if no one asks them to, since their job is to protect the public at large and not just particular victims. If you really had been driving drunk, other people would have been in danger. The officer was not required to ignore that risk just because the other driver didn't complain.

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Answered on 7/24/10, 2:29 pm
Rob Reed Law Office of Robert A. Reed

Nothing wrong here. It is illegal to drive drunk, so if you were beyond the limit, it may not be an issue as to why the accident happened, but it is illegal.

For the sake of education, it is also worthy of note that if you were injured, but it was determined that you were above the legal limit of .08, you could proceed with a case, but you could not get pain and suffering damages.

So, the officer investigating potential drunkenness is relevant on that level, as well.

Glad you weren't hurt...

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Answered on 7/24/10, 2:33 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Isn''t this what we want our local police to do? Respond to, and investigate, auto accidents? I'd rather they make DUI arrests after accidents than at these roadblock-DUI-checkpoints. Your question suggests that you voluntarily spoke to the officer -- don't do this in the future -- and how did he get in your trunk? You didn't consent to a search, did you?

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Answered on 7/24/10, 4:03 pm


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