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Criminal law -- Evidence -- Other crimes -- Similar fact -- Trial court did not abuse its discretion when it admitted evidence of a North Carolina case in which defendant admitted to shooting at a man where state presented testimony from firearms expert who determined the bullets from North Carol...

Filing # 175512574 E-Filed 06/16/2023 02:17:42 PM IN THE COUNTY COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR DESOTO COUNTY, FLORIDA STATE OF FLORIDA                                                                                             CASE NO.: 2022-CT v. Defendant.                ...

Absentia:  Absent; proceedings without the defendant present.Acquit, Acquittal: A finding of not guilty by a judge or jury.Adjudication: Judgment rendered by the court after a determination of the issues.Adjudication Withheld: A manner of disposition in which the court does not pronounce a formal...

An appeal of the denial for a limited driver's license (hardship license) is made by filing what is known as a Writ of Certiorari in the Circuit Court in the county of your residence. The Writ is basically you asking the court to allow you to obtain a limited driver's license because the hearing ...

YOU HAVE 10 DAYS, INCLUDING WEEKENDS, FROM THE DATE ON YOUR DUI TICKET TO EITHER REQUEST AN ADMINISTRATIVE LICENSE SUSPENSION HEARING OR WAIVE THAT HEARING, OTHERWISE YOUR PRIVILEGE TO DRIVE IN FLORIDA WILL AUTOMATICALLY BE SUSPENDED ON THE 10TH DAY. TO WAIVE THE HEARING, YOU MUST SUBMIT PROOF OF...

First Conviction: Must complete DUI school before hardship reinstatement. Clients who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If client enrolls and is reinstated after revocation period expires, failure to complete th...

The person is no longer under the influence and, The person's normal faculties are no longer impaired, The person's blood/breath alcohol level is lower than 0.05; or Eight hours have elapsed from the time the person was arrested.

First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification  Driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification First Disqualification for Ref...

Commercial Motor Vehicles (CMV) - Alcohol-Related Convictions/Disqualifications. Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to ...

Pretrial Program for DUI in the 12th Judicial Circuit, FL If you have been arrested for DUI in Sarasota, Manatee, or Desoto Counties, you might be eligible to participate in the DETER program. Short for “Driver Enhanced Treatment Education Rehabilitation,” (DETER), this program offers applicants...

First Conviction: Minimum 180 days revocation, maximum 1 year.Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. Third Conviction Within 10 Years of the second conviction: minimum 10 years r...

Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully det...

First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.  Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock devi...

At first appearance, unless the state files a motion for detention, the judge will release the defendant: On personal recognizance of the defendant (ROR); Unsecured bond in an amount specified by the judge (example: the judge may set unsecured bail at $25,000.00, or another amount, the defend...

Florida does not allow any hardship reinstatement of a drivers license on a 2nd or subsequent suspension for refusing a breath or blood test or if a driver has been convicted of DUI in the past. Any person who's CDL licenses is suspended or revoked cannot get a hardship license to operate a comm...

Have you been investigated for, charged with, or found guilty of drunk driving in Florida? As a consequence, you may have been ordered to install an ignition interlock device (IID) in your vehicle. This can be the result of either an administrative hearing or criminal conviction related to a drun...

Horizontal Gaze Nystagmus (HGN) test is one of three standardized field sobriety tests (SFSTs) validated by the National Highway Traffic Safety Administration (NHTSA). It is also a test that police in Charlotte, Sarasota & Lee Counties administer frequently during traffic stops when intoxicated d...

When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in Florida At...

WHAT ARE DUI BLOOD TESTS? At Law office of John P Rutkowski, our DUI defense attorney in Sarasota, Charlotte and Lee Counties wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a ...

Determination of Fees Lawyers base their fees on different facts, including the difficulty of a particular legal task, the amount of time involved, the experience and skill of the lawyer in the particular area of law and the lawyer's cost of doing business. The cost of doing business, referred t...

The Defendant was found asleep in vehicle at traffic light and had odor of alcohol and bloodshot eyes, submit to field sobriety exercises. The court found that based on a totality of the circumstances, the officer did not have reasonable suspicion to request that defendant submit to field sobriet...

The Trial court denied a warrant application seeking to require a social media provider to produce “all records” pertaining to a suspect's social media account to allow law enforcement to comb through the data to decide what is germane to their investigation. The warrants requiring social media s...

When you have been pulled over and are suspected of drunk driving, you could be asked to provide a breath sample. Misconceptions exist about what your rights are and what these types of tests are. Misunderstandings can lead to more problems, especially if you are facing DUI charges in Florida At...

What are DUI Blood Tests? At Law office of John P Rutkowski, our DUI defense attorney in Sarasota, Charlotte and Lee Counties wants to ensure you, as our client, are informed and understand both your rights and the consequences that flow from missteps taken when encountering the police during a ...

The trial court suppressed the results of the defendant's Failed Sobriety Exercise. The State of Florida appealed the suppression and after reviewing the record the court of appeals found the trial court erred in suppressing evidence of the defendant's performance on Field Sobriety Exercise based...