When police arrive at the scene of an accident in Derry or elsewhere in the state, those who survive the crash — but suffer injuries — have a tendency to talk to police without thinking. Unfortunately, depending on the situations, anything that is said could end up being used against those involved. If police end up arresting someone who made statements, his or her criminal defense team will need to be sure that the individual’s rights were not violated.
This could be the situation facing a man who was involved in a wrong-way crash on Interstate 89. Police accuse the man of being “highly intoxicated” when he clipped one car and then ended up traveling the wrong way down the interstate. Unfortunately, his vehicle collided with an automobile occupied by a mother and son.
The mother was killed, but her 4-year-old boy survived. However, he did suffer serious injuries. In the meantime, the 38-year-old landscaper from Vermont was arrested and charged with DWI and negligent homicide. Supposedly, he told officers that he had a few beers before heading home. Officers also claim that he told them that he was “a drunk bafoon.”
The question is whether he made these statements before or after he was officially placed under arrest and read his Miranda rights. This would most likely be one of the first tasks his criminal defense team will attempt to determine. Police officers throughout the state, and in Derry, are required to follow certain procedures, and if they are not correctly followed, any evidence gathered thereafter might not be admissible in court if the judge decides that the rights of the accused person were violated.
Source: wcax.com, “Police: Wrong-way drunk driver caused deadly crash“, Cat Viglienzoni, May 26, 2016