State v. Richmond
The State sought certiorari review after a county court sustained a DUI defendant's objection to a subpoena for his hospital medical records, finding the subpoena unconstitutional because there was no accident and the defendant had refused breath testing. The First DCA granted the petition, holding that the State met its burden of showing relevancy and a compelling state interest in the records, which were directly connected to the DUI investigation and charges.
Key facts
- State sought certiorari review after county court quashed a subpoena for DUI defendant's hospital medical records, ruling the subpoena unconstitutional absent a vehicle accident or breath-test refusal.
- Defendant was charged with DUI; State subpoenaed hospital records directly related to the incident under investigation.
- +2 more key facts with a free trial
Why it matters
This opinion clarifies that neither the absence of a motor vehicle accident nor a defendant's refusal to submit to breath testing precludes the State from subpoenaing hospital medical records in a DUI investigation, so… — full analysis with a trial
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