How much discretion do the police have innot issuing a citation to someone reponsible for a car accident?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How much discretion do the police have innot issuing a citation to someone reponsible for a car accident?
I was involved in an accident in which the other driver ran a red light. The police said that they were not going to issue a citation to the other driver because he was taking his wife to the hospital. Is this legally correct?
Asked on November 10, 2010 under Accident Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Generally, police do have a great deal of discretion, both legal and practical (i.e. there's little oversight) in terms of who they issue citations to. I do not believe that a police decision to NOT ticket someone is appealable. Furthermore, there's a legal doctrine called necessity: people can break the law in some instances when they have to save a life or prevent other harm. For example, someone could trespass to assist someone being assaulted or render medical care. In this case, it may be that trying to get a sick (or pregnant) spouse to the hospital is sufficient necessity.
Note though that regardless of whether or not the other driver is ticketed, if he caused an accident, you could file a claim vs. his insurance or bring a civil lawsuit against him. If there's enough damage to justify it economically, you may wish to consult with an attorney to see if you have a viable case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.