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Subpoena for Medical Records in Polk County

Many DUI investigations in Polk County begin with a routine traffic stop or a crash. After the crash, the driver might be taken to the hospital for emergency medical treatment.

Long after being released from the hospital, the driver might receive notice that the State Attorney’s Office in Polk County, FL, is conducting a DUI investigation.

After learning about the criminal investigation, the driver should contact an experienced criminal defense attorney. A DUI that causes property damage or even non-serious injuries comes with enhanced penalties. If anyone was seriously injured in the crash, then the DUI can be charged as a felony offense.

The harshest penalties are reserved for DUI manslaughter cases in which someone is killed as a result of injuries sustained in the crash.

No matter the circumstances, if you recevied notice that the State Attorney’s Office wants to subpoena your medical records, then seek out the services of an attorney.

Attorneys for the DUI Medical Records Subpoena in Polk County, FL

What if the prosecutor from the State Attorney’s office in Polk County, FL, sends you a letter regarding an investigative subpoena for medical records after a DUI crash involving property damage?

The DUI defense attorneys at Sammis Law Firm represent clients charged with DUI or DUI property damage throughout Polk County including at the courthouse in Bartow or Winter Haven, FL. We also represent clients throughout the greater Tampa Bay area.

Call us to discuss the DUI investigation, how to mount an aggressive defense, and how to fight for the best outcome in your case.

Our DUI defense attorney for Polk County, FL, provide a free consultation if you were served with a State Attorney’s Subpoena for medical records in a DUI investigation.

We can help you file the appropriate objection to the issuance of the subpoena.

Call us today at (813) 250-0500.


DUI Investigations at the Hospital After a Crash

During a crash investigation, officers at the scene might become suspicious that the driver was under the influence of alcohol or drugs, but the need for emergency medical treatment for the driver means that the officer cannot conduct the normal type of DUI investigation at the scene.

Instead, the officer will go to the hospital to talk with the driver while the driver is receiving emergency medical treatment.

Just like in a roadside investigation, the officer is trying to determine whether he can smell the odor of alcohol on the suspect’s breath. The officer is also looking for clues of impairment such as the odor of alcohol, slurred speech, bloodshot or watery eyes.

The officer will question the subject to determine whether the driver will admit to driving, consuming alcohol or drugs prior to driving, and being under the influence of alcohol or drugs at the time of driving.

The officer might also question the nurse or doctor about the alcohol concentration of the patient’s blood or the presence of a controlled substance. The nurse or doctor might tell the investigating officer about any lab results for Ethanol (Alc) Level measured in gm/dL (the medical blood results).

The officer might also ask the subject to submit to a “voluntary” blood test so that a sample of the blood can be sent to the crime lab to determine the presence of alcohol or controlled substances in the blood (the legal blood results).

The person in the hospital is not required to speak to the officer. In fact, the patient can involve their Fifth (5th) amendment privilege against self-incrimination and their Sixth (6th) amendment right to representation by counsel. Any statements made by the patient can and will be used against them in a prosecution for DUI.


Notice of Issuance of Subpoena for Medical Records in a DUI Investigation

The letter from the Unit Supervisor for County Court at the State Attorney’s Office for the Tenth Judicial Circuit in Bartow, Polk County, FL, provides:

Please find enclosed a Notice of Issuance of Subpoena for Medical Records and a copy of the Investigative Subpoena to be sent to [[a specific hospital or medical facility]].

If you have an objection to our office receiving these records on behalf of law enforcement please contact my office at 863-534-4926 by [[a specific data]].

If the notice has been returned as received and I have not heard from you by [[the specific date]], I will forward the subpoena to the [[hospital or medical facility]] to obtain these records.

If you have an objection to our office receiving these records on behalf of law enforcement please contact my office at 863-534-4926 by [[a specific data]]. If the notice has been returned as received and I have not heard from you by [[the specific date]], I will forward the subpoena to the [[hospital or medical facility]] to obtain these records.

If the notice has been returned as received and I have not heard from you by [[the specific date]], I will forward the subpoena to the [[hospital or medical facility]] to obtain these records.

Attached to the letter, you will find a notice of issuance of a subpoena for medical records which provides:

IN THE COUNTY COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

STATE OF FLORIDA,

v.

JOHN DOE.

NOTICE OF ISSUANCE OF SUBPOENA FOR MEDICAL RECORDS

COMES NOW the State of Florida, through the undersigned Assistant State Attorney, and hereby gives notice to _________________, DOB:__________, that the State of Florida will cause the Clerk of Circuit Court to issue the attached subpoena to [[hospital or medical facility]] on [[date]], for TOXICOLOGY RECORDS pertaining to the treatment of [[name]]. This notice is given pursuant to Section 395.3025, 401.30, Florida Statutes.


Sample Form for the Investigative Subpoena Duces Tecum for Medical Records

In these cases, the Assistant State Attorney tends to use a standard form in order to obtain the medical records. The form provides:

IN THE COUNTY COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

STATE ATTORNEYS INVESTIGATIVE SUBPOENA DUCES TECUM FOR MEDICAL RECORDS

STATE OF FLORIDA,

v.

JOHN DOE.

Agency No.:_____

Charges:   DUI   Secretary: _____ Investigator:_____

Secretary: _____ Investigator:_____

Investigator:_____

To: RECORD CUSTODIAN, MEDICAL RECORDS,

Satisfactory Assurance of Notice – Notice of this subpoena has been given to the patient or the patient’s representative (see attachement0 with an opportunity to object, as required by section 395.3025, 401.30, or 456.057, Florida Statutes, and the Health Insurance Portability and Accountability Act (HIPPA) 45 CFR 164.512, and the time to object has elapsed and no objections were filed.

YOU ARE HEREBY COMMANDED to furnish to _______, Assistant State Attorney, Drawer SA, P.O. Box 9000, Bartow, Florida 33831, the following documents:

All information concerning blood chemical analysis and/or urine chemical analysis to include Doctor’s / Nurse’s Summary Page(s) pertaining to the treatment of:

Patient:_____ DOB: _____ Date of Treatment:_____

DOB: _____ Date of Treatment:_____

Date of Treatment:_____

YOU MAY COMPLY WITH THIS SUBPOENA BY FURNISHING THE REQUESTED MATERIAL TO THE SERVER OF THIS SUBPOENA OR BY FURNISHING THE MATERIAL BY U.S. MAIL OR IN PERSON NO LATER THAN [[DATE]].

If you will not appear as directed or if you have any questions you must call the Assistant State Attorneys listed above at 863-534-4926 prior to the required time of attendance and advise him/her of your intentions.

You may also appear before a Circuit Court Judge to challenge this subpoena.

If you fail to obey this subpoena, you may be summoned before a Judge of this court and the State Attorney may see an order compelling your attendance.


Motion to Quash the Subpoena for Medical Records

The court, “upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may . . . quash or modify the subpoena if it is unreasonable and oppressive.” Fla. R. Civ. P. 1.410(c).

The motion to quash is appropriate when the facts of the case show the unreasonableness or oppressiveness of the subpoena. Determining whether the motion should be granted or not is within the broad judicial discretion of the trial judge.

The trial court’s order will not be overturned absent a clear showing of abuse of that discretion. Matthews v. Cant, 427 So. 2d 369 (Fla. 2d DCA 1983).

The motion to quash a subpoena might also be granted if the subpoena is too indefinite to permit an appropriate response.

The court might also condition the obligation to respond on the advancement of the costs of producing the medical records under Fla. R. Civ. P. 1.410(c). After a party successfully opposes a subpoena duces tecum, that party can move for an award of attorneys’ fees.

Read more about the policies and procedures for a DUI blood test at the hospital.


This article was last updated on Friday, September 20, 2019.

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