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A Florida judge approved an agreement that allows prosecutors to obtain Tiger Woods’ prescription drug records in his DUI case, ruling Tuesday after a brief hearing in Martin County court just north of Palm Beach. The decision follows prosecutors’ subpoena for medication records from a Palm Beach pharmacy covering the period from the start of the year through the end of March, according to court proceedings described by The Associated Press.
Judge Darren Steele signed off on the agreement between Woods’ defense attorney and prosecutors after what was described as a four-minute hearing in Martin County circuit court. The ruling means the records can be turned over to prosecutors, but access is restricted under a protective order.
During the hearing, Woods’ attorney, Doug Duncan, argued that Woods had a constitutional privacy right related to his prescription medications. Duncan also acknowledged in court that the right was not absolute and that prosecutors could make a compelling argument for why the records were needed.
The protective order limits the distribution of the medication records to a defined set of people involved in the case. Prosecutors agreed to Duncan’s request to restrict release to prosecutors, law enforcement officers, state experts and Woods’ defense team.
A law professor who is not connected to the case said the arrangement is typical for DUI cases involving drugs, where impairment standards can differ from alcohol-based cases. Bob Jarvis, of Nova Southeastern University, said Florida law treats a driver with a blood-alcohol content of 0.08% or higher as impaired, but there is no clear, measurable standard for determining impairment for other drugs, which means prosecutors would rely on field sobriety tests, officer testimony and other evidence to persuade a jury beyond a reasonable doubt that a driver was impaired.
Jarvis also said there was no indication so far that Woods was receiving special treatment because of his celebrity status. He added that while it was not clear whether prosecutors offered a plea, Jarvis said the outcome of such negotiations would likely not depend on fame.
Woods has pleaded not guilty to driving under the influence. Authorities said deputies found two pain pills in his pocket and that he showed signs of impairment after his SUV clipped a truck’s trailer and rolled onto its side.
Court records and incident details provided in the AP report described Woods traveling at high speeds on a beachside residential road on Jupiter Island with a 30 mph speed limit when his Land Rover caused about $5,000 in damage to the truck. Woods, authorities said, agreed to a Breathalyzer test that showed no signs of alcohol but refused a urine test.
The AP report also said Woods has traveled outside the United States to seek treatment at an inpatient treatment facility, citing court records.