(a) (1) All required accident reports and supplemental reports shall be without prejudice to the individual so reporting and shall be for the use of the Department of Arkansas State Police.
(2) The Department of Arkansas State Police may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his presence at the accident. They may disclose to any person involved in the accident or to their attorney or agent the name and address of any and all occupants and passengers in any of the vehicles involved in the accident as may be shown by the reports.
(b) (1) No report shall be used as evidence in any civil or criminal trial arising out of an accident.
(2) The Department of Arkansas State Police shall furnish upon the demand of any person who has made, or claims to have made, the report or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department of Arkansas State Police solely to prove a compliance or a failure to comply with the requirement that the report be made to the Department of Arkansas State Police.
History. Acts 1937, No. 300, § 45; Pope's Dig., § 6703; Acts 1949, No. 464, § 3; A.S.A. 1947, § 75-910.
Case Notes
Scope of Privilege.
Written Report.
The automobile accident report privilege in subdivision (b)(1) of this section is expressly extended only to the report itself, and does not shield testimony of the investigating officer as to that officer's observations made in preparing his report, including statements made to the officer by the motorist. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).
Although subdivision (b)(1) of this section does not expressly refer to a written report, the statute plainly contemplates a writing. Stephens v. State, 320 Ark. 426, 898 S.W.2d 435 (1995).
Cited: Shock v. Tester, 405 F.2d 852 (8th Cir. 1969).