Motorcycle accident very bad blood was taken with out my permission what is the next step that is my blood in florida I thought they must get a subpoena for medical records and notify me of that. if so i was not, next thing I know A TICKET in the mail. DUI.
In florida when there is an accident with serious bodily injury or death, blood can be taken without consent. There are two different types of blood tests in legal cases. We refer to them as medical blood and legal blood. Legal blood is blood taken far analysis by the Florida Department of Law enforcement. No additional warrants or subpoenas are necessary for law enforcement to get these results. Medical blood is blood taken for medical purposes at the hospital. the results are contained in your medical records. To obtain these results law enforcement must notify you they are seeking the records and you must be given an opportunityto object. Should you have any further questions, or wish to hire an attorney to help you in this matter, please give me a call 321-332-6864. Good Luck
The blood Alcohol results which were the genesis of the ticket you received the mail were not obtained through your medical records.
If you were involved in an accident and were unconscious they (leo) would've taken your blood without your consent. If you had suffered serious bodily injuries or another person who was involved in the accident had suffered serious bodily injuries or death they would've taken your blood even by force under four statute 316 .1934.
This is a fairly common occurrence in Florida when people get involved in motor vehicle accidents that require medical treatment at a hospital.
The blood that was taken from you at the hospital at the direction of law-enforcement was analyzed once the results were obtained assuming they were above a .08 a uniform traffic citation, a traffic ticket, was mailed to you giving you a court date, time and place.
Well it may be that the troopers believed that a breath test was impractical so they drew your blood. Please check your driver's license status and immediately check if it is valid. With regards to the DUI, you are facing a court date and a possible consequence that could effect your life for the next 75 years. I would suggest consulting with an experienced Florida DUI lawyer. In addition, I would recommend you immediately get your medical records from the hospital that treated you the night of the accident.
This is not intended to be an attorney-client relationship and is my opinion only. Consult with a local attorney for additional advice.
The other attorneys are correct. There are situations where the cops can legally take blood without a warrant. You need to hire an attorney. They will be able to evaluate the case, determine if there is a basis for pre-trial motions, and whether it is reasonable to take the case to trial.
All the attorney's answers are correct. These are complicated cases best handled by an attorney with experience. There are a lot of loopholes in blood cases. Medical records are privileged but there are exceptions. I think it would be a good idea if you got your own records from the hospital so that you know what your Blood Alcohol readings were.