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Home / Opinion Digests / Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim (access required)

Criminal – DUI – Blood Alcohol – Medical Treatment – Melendez-Diaz Claim (access required)

Hospital records showing a driver’s BAC at .13 after a two-fatality automobile accident are admissible under Va. Code § 19.2-187.02, a Norfolk Circuit Court says, notwithstanding a Sixth Amendment Melendez-Diaz challenge to the statute, which allows the test as a business record. After an automobile accident in which two individuals died and one was injured, defendant ...