Tampa DUI Defense Attorney reviewed a DUI case today and noted some remarkable results in a recent Driving under the influence ( DUI ) prosecution. The Marchman Act allows for involountary forced admission for treatment of drug or alcohol problems. The prosecutor tried to admit evidence of improperly obtained Marchman Act medical records.
The defendant was transported to a local hospital after an automobile accident. The wayward patient left the hospital against medical advice The cops and prosecutor got a physician’s certificate issued by the attending physician. The medical professionals had planned an emergency admission to the hospital under the Marchman Act. A creative state attorney’s office somehow obtained the confidential medical record. There was no notice or subpoena issued. The trial court excluded the medical records. The ever-resourceful Prosecutor tried to put the horse back in the barn by finally issuing a proper subpoena. The court ruled that the Exclusionary Rule precluded admission of an improperly obtained medical record and subsequent efforts to fix the problem were for naught.
Source: 17 Florida Law Weekly Supplement 504a