Article collection
Medical Blood Evidence in DUI Prosecution
By: Michael Dye
Posted on : August 30, 2012   Views : 5320
In a DUI manslaughter case, the State appealed the trial court\'s ruling granting Defendant\'s Motion to Suppress blood test results. After a deadly auto accident, the Defendant in this matter was transported to the hospital by helicopter. Once in the hospital, a Florida State Trooper provided a DUI blood test kit to the nurse on duty to get a sample from the Defendant. The police report regarding the event did not reflect why the trooper requested the blood sample. At the hearing on the defense motion to suppress, the trooper couldn\'t recall what led him to request the blood sample. Furthermore, the nurse who completed the blood draw could not recall the events of the evening. After hearing the facts, the Judge granted the defense motion suppressing the blood draw and Defendant\'s medical records on the grounds that the State couldn\'t present any reason why the blood draw was requested.The State filed a motion to \"resubpoena\" the Defendant\'s medical records so as to be able to introduce the results of the medical blood draw into evidence within the DUI trial. The trial court once more denied the State\'s motion by essentially stating that the motion was the equivalent to a motion for reconsideration.The 2nd District Court of Appeal reversed stating that resubpoenaing the defendant\'s medical records would offer independent grounds for the admission of the medical blood evidence in the DUI trial. The appellate court also stated that there was no evidence tending to indicate any bad faith on the part of the trooper throughout the DUI investigation which may have impacted the court\'s decision.
Michael Dye is a Broward County DUI Attorney with offices located in Fort Lauderdale, Florida. For more information regarding Mr. Dye's ability and knowledge, please call (954)745-5848 or visit the firm website by clicking this link: DUI Attorney.