Can Medical Records be used in the Dedham District Court?
If a person is involved in a car accident, EMTs respond to the scene and treat any injuries the person has. A person is entitled to be evaluated by a doctor at any time if they request it from the officers. You should know that medical records can be used in court and, in many cases, can help your defense strategy.Importance Of Alerting A Lawyer Of Lack Of Medical Help
The observations of the arresting police officer are much of the foundation for an OUI charge. When an officer claims a persons speech is slurred or the person walks with an unsteady gait, those issues could be attributed to an ongoing medical condition rather than the consumption of alcohol. It is important to determine whether the accused has an ongoing medical issue or had a medical issue at the time of their arrest and they were not permitted to seek medical treatment. Any of those observations of the officer could be explained by medical issues rather than the use of alcohol.
A defense attorney can make the argument that because their client was not allowed to have a medical assessment, the prosecution cannot say beyond a reasonable doubt that any signs or symptoms observed at the scene of the arrest can be attributed to alcohol instead of a medical condition. The defense attorney can bring the issue up at trial and show the jurors or judge that, because a police officer did not do their due diligence when checking whether the person was experiencing a medical issue, the prosecutor cannot make the claim that the person’s condition was due to alcohol consumption.Understanding The Impact Of Using Medical Records In Court
When a person receives medical attention after a Dedham OUI arrest, it can help their case if there is something medical going on that could explain any symptoms commonly confused with signs of intoxication.
If a person has low blood sugar when the officer observes them, they may have slowed speech or delayed reaction. If the person is evaluated by a doctor who finds the person has low blood sugar, slow speech, or delayed reactions that are common symptoms of low blood sugar, that can help the person's case because the signs the officer observed were due to a medical condition.
You are entitled to independent blood and urine testing in Dedham OUI cases after an arrest for operating a vehicle under the influence. For independent tests to be done, the defendant needs to choose a facility as soon as possible. Anytime that the individual and attorney have reason to believe that the breath test is inaccurate for either medical reasons or the machine itself, then a skilled defense attorney might request an independent blood test.
A driver on the road impliedly consents to take a breath test when they drive on Massachusetts roads. That means that when someone drives on a Massachusetts road, it is presumed that they will submit to a breath test. Of course, they have the right to not take independent blood and urine testing in Dedham OUI cases. If they do that, the penalty is a longer license suspension.
Making a successful argument against implied consent is an uphill battle. It is a tough argument because the implied consent is for safety reasons. The court believes that driving can be dangerous and is not a right; it is a privilege. When a person uses that privilege, they must consent to take a breath test and not drink while driving.
One justifiable reason to refuse a breath test is when a person has an ongoing medical issue. They physically cannot take the breath test. An example of a medical issue is chronic obstructive pulmonary disorder or COPD. A person with COPD does not have the lung capacity to submit a full breath sample. That happens sometimes with people who suffer from asthma.Delsignore Law Is Available To Help
DelSignore Law attorneys have handled drug cases in Dedham and throughout Massachusetts over the last decade. We look forward to hearing from you, and can assure you that we will help you get through this process. Please call or text us at 781-686-5924 today. In the meantime, feel free to browse our case results here.
While on our website, feel free to learn about field sobriety tests and how medical conditions can affect your performance on these tests.