DWI Resulting in Serious Physical Injury and ACA Charges Dismissed after Evidence Suppressed

A St. Louis man was charged with driving while intoxicated resulting in serious physical injury and armed criminal action after allegedly hitting another motorist and causing serious physical injury. The police obtained the defendant’s medical records with a grand jury subpoena, which revealed a .23 BAC – almost three times the legal limit. Attorney Brian Cooke filed a motion to suppress to exclude the medical records. The motion argued that the officer should have obtained a search warrant instead of a subpoena and that even if he had obtained a valid warrant there would not have been probable cause to justify the warrant. On cross examination, the officer was impeached over and over and finally admitted he did not have probable cause to believe our client was driving while intoxicated prior to obtaining the medical records. The judge ordered the medical records excluded and the prosecution had no choice but to dismiss the case.