The driver used the app to contact an on-call attorney, and informed the police officer that the attorney was en route. However, the police offer allegedly became impatient and proceeded with a breath test before the attorney arrived. An appeals court ultimately held that the test evidence was inadmissible because the officer had violated the driver’s procedural rights.
As a personal injury law firm, we certainly do not want to encourage irresponsible behavior behind the wheel. Indeed, we have seen too many instances of clients who were injured by another driver’s negligent choices and driving behaviors. However, this story is an important reminder about the importance of consulting with an attorney.
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Absent a criminal violation, such as drunk driving or manslaughter, a motor vehicle accident typically only involves a civil claim for negligence. Yet thanks to smartphone technology, a crash victim can contact an attorney to request guidance even at the crash scene. For example, an attorney may advise the victim to call the police, to record his or her observations, and take other steps that may ultimately lead to gathering evidence of the other driver’s negligence in a civil trial.
Source: 9and10news, “App helps Iowa man get drunken driving conviction tossed,” Ryan J. Foley, May 25, 2016