Contact Us for a Free Consultation 866-517-0007

Blog

Discovery

Posted by John Rutkowski | Mar 20, 2019 | 0 Comments

Criminal law -- Discovery -- Medical records -- Investigative subpoenas -- Circuit court departed from essential requirements of law by denying objection to state's subpoena of defendant's toxicology records for purposes of criminal prosecution of defendant, who was charged with leaving scene of accident and carelessly or negligently causing serious bodily injury while driving on canceled, suspended, or revoked license, where state failed to prove that records were relevant to case against defendant. Although relevance for impeachment purpose may be a sufficient basis to access medical records protected by article 1, section 23, of the Florida Constitution, state presented no evidence making it reasonable to believe that the toxicology records would turn up evidence that defendant was under influence of drugs or alcohol when crash that gave rise to charges occurred. Impairment of defendant's legally-recognized privacy interest is immediate injury that cannot be remedied on appeal.

About the Author

John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact us

John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.

Menu