Legal Question in Criminal Law in Massachusetts
Drinking and Driving/accident
If someone gets into an accident where an ambulance comes and takes you to the hospital, is the blood alcohol level which apparently must have been taken by either EMT or hospital as there were no field tests, etc. admissible?
2 Answers from Attorneys
Re: Drinking and Driving/accident
That is a very good question and certainly one that I would raise in your defense. In MA, the basic law allows this blood evidence to be admissible only if it is drawn in the normal course of diagnostic treatment. In other words, if the blood draw was taken just to see if you were driving while under the influence, it should not be allowed into evidence. The prosecuter will be fighting hard to have it admitted and your lawyer should be fighting equally as hard to have it deemed inadmissible. This is an excellent example of why you should hire the best lawyer that you can afford to represent you. If you would like additional information or need representation call me or go to my website at www.lawworcester.com
Re: Drinking and Driving/accident
If the blood were drawn for medical treatment, the results may be subpoenaed by the Commonwealth. But defense attorney may seek to suppress the results, especially if it was drawn without informed consent and only to determine the level of sobriety while driving. Retain competent defense counsel, if not already retained. Good Luck!
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