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Appeals court weighs whether hospital blood records can be converted into BAC evidence after defendant refused consent
Summary
In Commonwealth v. Hall, defense counsel argued that hospital blood drawn without the defendant’s consent and medical-record conversions should be excluded under state precedents; the panel pressed on whether the draw was for treatment, whether conversion is a 'test or analysis,' and whether the appeal is procedurally proper.
May it please the court: Scott Martin argued that Mr. Hall expressly refused both a blood draw and release of his medical records, and that converting hospital plasma values into a blood alcohol concentration for prosecution raises statutory and constitutional concerns. Martin told the panel the case differs from Gannett because Hall “adamantly refused” the blood draw and declined to sign a release, and that several line cases (Zucchino, Cappellucci, Moreau, Bohigian) show the legislature intended strict consent protections in simple OUI cases.
The…
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