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Home / Opinion Digests / Criminal Practice / Criminal Practice — DWI – Constitutional – Medical Blood Draw – Other Overwhelming Evidence (access required)

Criminal Practice — DWI – Constitutional – Medical Blood Draw – Other Overwhelming Evidence (access required)

Even if G.S. § 8-53, which allows a judge to compel disclosure of confidential medical information “if in [the judge’s] opinion disclosure is necessary to a proper administration of justice,” was not a constitutional method for law enforcement to obtain defendant’s medical records – including tests results showing his blood alcohol concentration was 0.12 – ...

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