Dear Sheriff:  If I’m involved in a very minor vehicle collision and there is no one hurt, do I need a police report?

 Answer:  Indiana law requires if there is a collision which results in someone’s injury or the total property damaged is over $1000, which doesn’t take much these days, you need to file a crash report with the police. 

 Regardless of the minimum parameters, your insurance company may prefer a police crash report.  Even under the limits, Elkhart County Sheriff’s officers will typically file the report if you ask.  Some police agencies will not take a report if it’s under the threshold.

 If you and the other driver decide to exchange information in lieu of a police report, make sure you get the other driver’s name, address, phone number, insurance information, vehicle information including registration number, while you provide the same for the other driver.  Take a photo of the other vehicle, the damage, and driver, if possible. The best bet is to always call the police and, at the very least, let us help you in the exchange of information if no report is necessary. 

 If the damage/injury is clearly such that a police report is necessary, but the other driver wants to merely exchange information or desires to quickly leave, call the police anyway.  The other driver may not have insurance, have false vehicle registration, have no license or their license is suspended, or may have a warrant for their arrest.  Take a photo of the other driver and car before they leave.  If possible, safely follow the other vehicle if they leave (do not speed, be reckless, or get in a confrontation), while relaying your location and direction to the 911 center. 

 In Elkhart County, always call 911 for a crash report, or the non-emergency number (574) 533-4151 to request a police response. 

 Question:  I have a friend who was stopped by a police officer for turning left out of a drive and onto the center left-turn-only lane of a highway to then merge into traffic.   What is wrong with that? 

 Answer:  The center lane on a three or five lane highway (such as US 33 between Goshen and Elkhart) is a left-turn-only lane.  Some use this lane inappropriately for merging right into traffic after turning left onto the highway from a drive.   

 When signage and road markings clearly indicate that the lane is used for “left turn only”, the violation is the disregarding of a traffic control device or improper lane usage.  Most officers are using this opportunity to educate the public on the dangers of using this lane for merging purposes. 

 If traffic is too heavy to complete a proper left turn from a drive, it may be more prudent to turn right and use other options in turning around and travel in the direction you originally desired.

Question:  Is it improper if I am arrested and the officer took me to jail without reading me my Miranda rights?

Answer:  Your Miranda rights, also called the Miranda Warning, were outlined in a monumental Supreme Court case, Miranda vs Arizona in 1966, emphasizing the 5th and 6th Amendments of the U.S. Constitution.  In that case, it generally requires the police to remind someone (also called “Mirandizing”) who is in custody and being interrogated for any crime, their awareness of the right to remain silent or to avoid self incrimination, and the right to legal counsel/attorney.   If you are under arrest and the officer does not ask you any questions pertaining to a crime, or the officer merely asks for your name, address and date of birth, or engages in casual conversation that causes no self incrimination, there is no need for the Miranda warning.

Ask-the-Sheriff a question by emailing Elkhart County Sheriff Brad Rogers at brogers@elkhartcountysheriff

Alert sent on 03/11/2016 at 2:07PM EST

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