Client was involved in a one car accident when her vehicle veered off the road and collided with a utility pole. Client’s infant son was in the back seat of the vehicle. Police and Emergency Medical Service (EMS) personnel responded to the scene and spoke with Client at length. Police Body Cam video evidence showed that none of the police and EMS responders suspected that Client was under the influence of alcohol or drugs. In fact, police officers suspected Client sustained a head injury and only intended to issue her a citation for a minor misdemeanor charge of Failure to Control as a direct result of the accident.
Both Client and her infant son were transported by EMS to a local hospital for further evaluation following the accident. Medical personnel at the hospital immediately obtained a blood sample from Client. Without any request, and without Client’s permission, a hospital staff member disclosed the results of Client’s blood-alcohol level to law enforcement officers – what we maintain is a violation of the HIPAA Privacy Rule.
Upon receiving this information, law enforcement officers placed Client under arrest and charged her with multiple counts of OVI. Law enforcement officers later sent a subpoena to the hospital to obtain Client’s blood test results.
I filed a written motion to suppress evidence and dismiss the charges against Client, in which I argued that law enforcement officers lacked probable cause for the arrest and charges filed. I also argued that the Ohio Revised Code does not permit the introduction of evidence by subpoena to prove an OVI offense and that law enforcement officers should have obtained a warrant in order to collect her blood as evidence. Finally, I argued that the disclosure of Client’s health information without her consent could not serve as probable cause for the issuance of a warrant.
Before a hearing was held, the prosecuting attorney agreed with my position and offered to dismiss all OVI charges in exchange for a plea to the minor misdemeanor traffic violation. Client accepted the plea offer.
I was able to avoid an OVI conviction as well as a driver’s license suspension. Hard work always leads to great results and victories. This was an amazing result.
