29Apr 2019

In Florida, An Interesting Case About Medical Records And DUI

A Florida man crashed into the car and fled the scene of the accident. 
Clearly, this is trouble enough, and he was later apprehended and charged with multiple counts. Remember, you must never leave the scene 
of an accident, especially one that you caused. When you stay at the 
scene of an accident you caused, say nothing to the police other than 
your name and give them your license and papers. Then call an 
experienced attorney, like those at Handy Law.

The police learned that thehad visited a hospital for his injuries after 
the crash. The police wanted to subpoena the his medical records to 
determine if he was intoxicated or on drugs at the time of the crash. 
The defense attorney objected, citing that medical records are protected 
private information.

The court initially ruled that the prosecution could obtain the medical 
records to impeach the defendant. However, on appeal, the court decided 
that the state can only procure medical records if they are material to 
an investigation or case. As the driver had not been charged with DUI, 
the court did not allow access to the defendant's medical records. If 
you live in Burlington, Essex, Colchester, Winooski, Williston, 
Shelburne or anywhere in the State of Vermont, and have been arrested or 
charged with DUI or any crime, call Handy Law for aggressive and 
experienced legal defense.