Legal Question in Traffic Law in Florida

car accident with a police cruiser

person A is a licensed driver who was intoxicated at the time of the incident. person B is a non-licensed driver who drove the vehicle at the time of the incident due to person A's drunken condition. the vehicle was traveling at speed limit down a very frequented road. there was a police cruiser parked on the side of the road with it's emergency lights on. the police cruiser entered the roadway without putting on a signal light, or looking at the oncoming car. the vehicle driven by person B crashed into the police cruiser's rear left. police officer who was conducting the police cruiser issued a ticket to person B for driving without a license and had agreed to the fact that it was her fault the incident took place. now police officer has lauched a lawsuit for damages to the police cruiser. please advise as to what can be done in defense of this siut. thank you very much.


Asked on 3/13/00, 12:45 am

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: car accident with a police cruiser

There is a defense to your driving without a license (dwls). That is the necessity defense; if the facts are that you HAD to drive because of the fact that the licensed driver was intoxicated this dwls charge could be dismissed. Now as to the accident, there is an accident prividge in Florida, That is anything said during the investigation cannot be used in a court of law. So, you will probably have to prove this case without statements made by the officer. Therefore use the facts leading up to accident, and take this case to trial. DO NOT plead to anything that you have not done. FIGHT the charges with the best resources you can afford. GOOOD LUCK...

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Answered on 3/23/00, 4:47 pm


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