Commonwealth v. Ackerman

Defendant was charged with operating while under the influence of intoxicating liquor, second offense, and a marked lanes violation. The charges stemmed from a single vehicle accident in which the vehicle Defendant was driving rolled over. Defendant filed a motion in limine to exclude from her medical records evidence of a blood alcohol test taken after she was transported to the hospital based on her right to confrontation under the Sixth Amendment. A district court judge allowed the motion. A single justice vacated the trial judge’s order allowing the motion in limine and ordered that the blood alcohol test evidence was admissible. The Supreme Judicial Court affirmed, holding that it was “eminently logical” that the blood alcohol test administered to Defendant was performed as a routine medical practice in the course of Defendant’s treatment following the accident. View "Commonwealth v. Ackerman" on Justia Law