State v. Schreiber

The opinion of the court was delivered by

BRODY, J.A.D.

Defendant was convicted of driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50. The State’s key evidence was the record of a blood test that had been administered on defendant’s admission to a hospital soon after she had lost control of her automobile and it overturned in a clump of bushes. The test disclosed a high level of alcohol. Defendant contends that a Law Division judge erred when he denied her motion to suppress the record, the use of which she claims violated the patient-physician privilege, N.J.S.A. 2A:84A-22.2.

This…