Originally Posted by
exile
Thanks Smasha
. My worry is that the cop who conducts the investigation will not take the drivers previous record into account even if the investigation turns up inconclusive.
Its like when cops arrest someone for prostitution or soliciting prostitution. They don't see the act, but always ask if the person has been arrested before. If they have been the cop usually issues a summons and let the court handle the rest.
Legally, they cannot take the driver's previous record into account, and ethically, they should not. If there is not enough evidence to file criminal charges, then they should not.