Legal Question in Criminal Law in Michigan

drunk driving

can I have a person involved in a accident that was drinking be charged i know because the lawyer we have said medical records says he was drunk with blood alcohol of 0.09. higher than the other driver0.08 both should be charged. So can I myself turn him in.


Asked on 2/03/09, 7:08 pm

2 Answers from Attorneys

Jack Jaffe Legal Center of Jack L. Jaffe

Re: drunk driving

Why don't you ask your lawyer?

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Answered on 2/03/09, 8:00 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: drunk driving

Prosecutor offices require independent investigations of alleged crimes. This is usually done by police agencies. Prosecutors usually do not issue charges based on citizens walking information like this to their offices and asking for charges to be issued.

If this was a traffic crash where someone went to a hospital, I assume that it was reported to police when it happened and police reponded and investigated. Right? If so, report your updated information to that agency so they can follow up.

It's possible that the information your civil case uncovered (the medical information) was not known by police. Just because your civil action may have uncovered the details your reported, a prosecutor might still not be allowed to use it in a criminal case. There are medical provilege laws/rules that kick in. So even if the police re-open this investigation, the prosecutor will have to evaluate whether the new information that can prove the crime is legally admissible in criminal court.

The prosecutor will also have to factor in issues of motive and bias on your part for turning this information over to authorites. Sounds like you're doing it as leverage in your civil case and/or retaliation ... not simply as a concerned citizen.

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Answered on 2/05/09, 11:03 am


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