Hospital records used in dangerous driving case.

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A man who was almost twice the legal limit when he was involved in a crash killing two people was convicted of dangerous driving after his hospital records were allowed as evidence in the trial. The hospital records showed the alcohol level in his blood was almost twice the legal limit allowed.

The couple who were killed were driving to their home when the crash occurred on July 29th 2009. The case of dangerous driving against the accused involved an accusation that he was driving on the incorrect side of the road when the accident occurred.

Evidence was given to the Court that the Gardai had requested a blood test from the accused after the accident but this was refused because of his serious medical condition. Subsequently, the lab results were released to the Gardai by the records manager in the hospital.

The accused who pleaded not guilty to dangerous driving sought to have the lab results excluded from evidence.  His lawyers questioned the records manager in the hospital accusing him of breaching the code of practice for healthcare records management.

The Judge hearing the case ruled that the results could be admitted as evidence. After two hours of deliberating the Jury found the accused guilty unanimously of dangerous driving.

Criminal Department Healy O’Connor Solicitors

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