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When will you be arrested in a drunk driving accident where medical attention is needed?

Fairhaven, MA |
Attorney answers 4

Posted

All of the above are possible and depending on seriousness of accident
Likely the operator will be summonsed to court rather than arrested

Attorney Michael H. Erlich Eden, Rafferty, Tetreau & Erlich 238 Shrewsbury Street Worcester, MA 01604 Office: 508.791.9001 Cell. 508.769-7995 Fax: 508.795.1811 CriminalDefenseWorcester.com

Asker

Posted

Can they obtain medical records from the hospital if the police themselves did not do a breathalyzer test to use against the case?

Michael H. Erlich

Michael H. Erlich

Posted

The DA's office can request medical records. If there is evidence of a blood test, depending on certain parameters, that can also be obtained by the DA's office

Posted

You will likely receive a summons to be arraigned. However, you may be arrested depending on the seriousness of the event. I suggest you retain counsel asap to go over things with you and to obtain more info. If there was a blood test done, the police or prosecution may obtain it. You can always fight it.

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

Asker

Posted

Throwing in a curveball. What do you do if in the police system is says you were arrested at the scene of the accident when you were not: you were unconscious and taken to the hospital, no Miranda rights read to you.

Ilir Kavaja

Ilir Kavaja

Posted

I'd love to answer this for you but without getting to speak with you and reading the police report I can't say much. Everything depends on specifics of your particular case. Like I said, speak with an attorney. Most will offer a free initial consultation to evaluate your case.

Asker

Posted

Thank you.

Ilir Kavaja

Ilir Kavaja

Posted

You are very welcome.

Posted

All is possible, it really is up to the police on how they proceed. Often they will later summons the person for convenience. Either way, hire a DUI defense attorney.

This is not intended as legal advice and does not create an attorney-client relationship.

Posted

Generally, if you require inmmediate medical attention, ie. ambulance ride, the police will forgo an arrest and summons you into court. Once the police formally arrest someone they have to guard the person at the hospital, which they don't want to be tied up with, so they will generally summons. The exception is when there's a fatality or other high profile reason where the party may be a flight risk. An arrest is a procedure for identifying someone (photograghing, printing, entering data into the system) that may ignore a summons or may not be otherwise reached for arraingnment. That being said, one generally wouldn't be arrested who needs medical attention unless that person couldn't be issued a summons instead.

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