DUI Attorney Michael Kessler Blog
Fort Pierce Florida Attorney Explains How Private are Your Medical Records in a Criminal Defense Case
Patient medical records are protected against Governmental Snooping under Florida’s constitutional right to privacy. Article I, section 23, declares,
Every natural person has the right to be let alone and free from governmental intrusion into the person’s private life except as otherwise provided herein. This section shall not be construed to limit the public’s right of access to public records and meetings as provided by law.
But what if the government, meaning the police and/or the prosecutors, suspect that your medical records might contain proof that you have committed some crime? They are out of luck, right? Private means private, right? Not exactly.
Chapter 395.3025(4)(d), Florida Statutes, is the legislature’s attempt to strike a balance between the government’s legitimate interest in investigating crime, and apprehending and prosecuting criminals, and individuals’ right to keep their medical records private. This statute provides,
(4) Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain, but appropriate disclosure may be made without such consent…
(d) in and civil or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction and proper notice seeking such records to the patient or his or her legal representative.
This means that the prosecutors can issue a subpoena for your medical records, but they must first notify you, in writing, and provide you an opportunity to notify them that you object.
If you do so, a judge must hold a hearing to determine whether the prosecution and/or police have a compelling interest in your medical records. To do so, the government must prove, with lawfully-obtained evidence, that your records are relevant to a criminal investigation.
In other words, the government must have, and when challenged, produce, other evidence showing that there is an on-going criminal investigation, together with evidence showing that something in your medical records is relevant to that on-going investigation.
Prosecutors have frequently tried to convince judges of their “compelling need” by claiming that “a crash plus a death always makes medical records relevant.”
As recently as this spring, the Fourth District Court of Appeal flatly rejected that claim, in a DUI manslaughter case against a man named Guardado, arising in Martin County. The court overturned a trial judge’s ruling that had allowed prosecutors to use Mr. Guardado’s medical records that they obtained by use of this kind of subpoena.
Download the PDF file for Guardado v. State on the Florida Fourth District Court of Appeals Website.
The key to remember is that the Government cannot use a subpoena to seize and pry into your private medical records without warning you first.
If you get such a warning, get thee to a qualified criminal defense lawyer, and have your lawyer tell the Government that YOU OBJECT to this invasion of your privacy.
Why Do we Need to Carry Auto Insurance?
Guest Blog written by Kelly Wright.
Other than the obvious legal reasons, why do we need to carry auto insurance? Most consumers dread paying insurance premiums. After all, they can become overwhelming when you add them all up; homeowner’s insurance/renters insurance, health and dental insurance, life insurance, disability and then car insurance. While we may not like paying for insurance, it is a necessary evil.
In simplest terms, insurance provides financial support in the event of an emergency or unexpected loss. The primary purpose of any type of insurance is to cover costs an individual or household wouldn’t be otherwise able to cover out of pocket. Florida car insurance rates will vary based upon the type of coverage selected, and the policy’s limits, riders and additional options selected.
With these concepts in mind, let’s take a closer look at why we need to maintain sufficient Florida auto insurance coverage.
- Auto insurance protects the investment that you have made into purchasing or leasing your vehicle
- Should medical bills result from an accident, your policy may offer financial protection
- In the event that the other party to your car accident attempts to file a lawsuit against you or another member of your household, your policy will offer financial protection
- Should valuable items be stolen from your vehicle, your policy will offer replacement funds once you have satisfied your annual deductible
- In the event that you are in an accident with an uninsured motorist (extremely common in specific regions of the country), your policy will provide coverage if you opted for this additional rider/benefit
- If your region is hit by a natural disaster, such as a flood, hurricane or tornado, your policy may offer funds needed to repair or replace your vehicle
- Last, but not least, carrying sufficient auto insurance can offer you and your family peace of mind.
This list should remind you of the reasons carrying sufficient auto insurance coverage is critical to the preservation of your household’s financial situation. While some basic limits are required in most states, financial experts recommend that comprehensive coverage is selected above liability coverage. When the right auto insurance policy is in place, your vehicle, health, and the well being of those you love will be financially protected.
To review your current auto insurance coverage or for a new quote, contact the professionals at SR22 Insurance, Florida today!
FL DUI Attorney Explains the Watson Warning
“You understand that being under the influence, of alcohol or drugs, or both, impairs your ability to safely operate a motor vehicle. Therefore, it is extremely dangerous to human life to drive while under the influence of alcohol or drugs, or both. If you continue to drive while under the influence of alcohol or drugs, or both, and as a result of your driving, someone is killed, you can be charged with murder.”
In California, this is commonly referred to as the Watson Murder Admonition. It is read by the judge to a person convicted of DUI. Under California law, this person may be prosecuted for the crime of murder if he or she is ever driving while impaired, and causes an accident which results in a death.
Florida does not (yet) have such a law, but many of us believe that it is coming.
In Florida, even of the driver had prior DUI convictions, the charge would be DUI manslaughter, punishable by imprisonment up to fifteen years. In California, the same person could get life in prison.
These cases are different from other, less tragic DUI prosecutions. Defending them requires a different skill set from the more traditional DUI defenses.
There is no substitute for experience. Do not trust your loved one’s future to a lawyer who has never done this before.
Yes, a top-notch DUI manslaughter defense lawyer is expensive.
It should be.
After all, if you think hiring a professional is expensive, try hiring an amateur.
