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Posted by John P. 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.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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