 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Fahner9/19/2001
>
In the present case the claimed harm was the loss of the defendant's opportunity to object to the subpoena for hospital records. That harm has been cured by quashing the original subpoena and allowing the defendant an opportunity to object to the new subpoena.
V.
Because the issue now before us is a recurrent one in DUI cases, the legislature may wish to consider the matter at a future session. The statute authorizing the state attorney to issue an investigative subpoena is found in section 27.04, Florida Statutes, but the statute does not contain a cross reference or other language calling attention to the fact that notice must be given under section 395.3025 in cases in which a patient's hospital records are subpoenaed. Adding an appropriate cross-reference in section 27.04 would help assure that the notice requirement for hospital records is not overlooked. It may also be advisable for section 395.3025 to spell out how notice is to be given and what proof of notice must be supplied.
VI.
For the reasons stated, we quash the circuit court order and reinstate the county court's ruling. We certify direct conflict with Rutherford, Klossett, and Johnson.
Certiorari granted; direct conflict certified.
Page 1 2 3 4 5 Florida DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|