Thursday, March 9, 2000
James C. Baber, III v. State of Florida

No. 96,010

Place of Origin
Palm Beach County

Facts
In November 1995, Baber was charged with DUI manslaughter and DUI personal injury after a car he was driving collided head-on with another vehicle, killing its driver. Also injured, Baber was taken to a hospital, which performed blood tests on him during treatment using a special instrument. Though the printout from that instrument could not be found, another hospital record indicated Baber's blood alcohol level was .232 or higher. The record was admitted into evidence at trial, and Baber was found guilty and sentenced to 15 years. He appealed in part on grounds the record should not have been used against him. The Fourth District Court affirmed.