Is it legal to be listed as a drunken driver in a collision report if no field test was given?
Question Details: After my T-bone wreck I got my police collision report. In it I am listed as a suspected drunken driver but not a single field test was given to me. Also, I was not arrested at the scene. The police report also lists the wrong speed limits for the area tin which my wreck happened. In the report, the speed limit is 10 miles more than posted signs on the sides of the roads. Is this legal? How can I go about fighting this?
The police report is not a binding legal determination: it's not, for example, a court finding you guilty of DUI. It is simply the officer's judgment or opinion; it can be used as evidence, as can his/her testimony (e.g. if you are charged) but has no legal effect in and of itself. It is legal for him/her to express his/her opinion or judgment, and there is nothing you can do about it--you cannot force him or her to change his or her report.