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DUI-Accident Report Privilege

Posted by John P. Rutkowski | Nov 18, 2022 | 0 Comments

Defendant was arrested for DUI involving a crash. During the crash investigation Defendant made statements that were prompted by officer's questioning during crash investigation and are inadmissible pursuant to accident report privilege. At the conclusion of the crash investigation the officer ad...

Implied Consent improperly read - Refusal suppressed

Posted by John P. Rutkowski | Nov 14, 2022 | 0 Comments

Defendant was arrested for DUI Officer improperly read implied consent warning because the officer knew that defendant was engaged in conversation with another officer and was not paying attention during reading. The officer reading implied consent made no attempt to secure defendant's attention....

Breath Test Results Suppressed

Posted by John P. Rutkowski | Nov 14, 2022 | 0 Comments

Defendant was arrested for DUI and agreed to breath test. After the first test a the breath testing machine indicated "slope not met." Normally the administrative rule providing that a second 20-minute observation period is not required before administering subsequent “sample” did not alleviate n...

DUI Damage to Property of Another

Posted by John P. Rutkowski | Nov 14, 2022 | 0 Comments

Defendant was charged with DUI Damage to Property or Another and driving in willful wanton disregard for safety that causes damage to the property of another. The only damaged regarding the charges was to the Defendant's own vehicle. The State Charged DUI Damage to Property of Another and reckles...

Driving Without a Valid Drivers License

Posted by John P. Rutkowski | Nov 02, 2022 | 0 Comments

The trial court errored in granting Defendant's motion to dismiss traffic citation charging him with driving a motor vehicle without a license based on conclusion that bicycle Defendant was operating was a “minibike” and did not require a driver's license to operate. The State has right to appeal...

DUI Breath Testing Implied Consent Warning

Posted by John P. Rutkowski | Oct 12, 2022 | 0 Comments

Driver challenged improperly read IMPLIED CONSENT WARNING asserting the officer's time of arrest and the reading of implied consent were wrong. The appeals court found that despite the discrepancies in documents regarding the times of arrest and of reading of the implied consent warning, there wa...

POSSESSION SALE COUNTERFEIT DRUGS

Posted by John P. Rutkowski | Sep 15, 2022 | 0 Comments

Appellant was convicted of possession with intent to sell a counterfeit substance which the court of appeals reversed based on insufficient evidence. The statute requires the counterfeit substance either be labeled or identified as a controlled substance. The evidence at trial failed to show eith...

DUI- FAQ

Posted by John P. Rutkowski | Sep 07, 2022 | 0 Comments

Driving under the influence (DUI) describes driving impaired to the extent that your normal faculties are impaired by alcohol or drugs (prescription or illegal). Impaired may be the result of alcohol or another chemical substance (e.g., marijuana) or both. To be a criminal offense in Florida, you...

What is Sexual Battery In Florida

Posted by John P. Rutkowski | Sep 04, 2022 | 0 Comments

Sexual battery in Florida means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. Anyone 18 or older who commit...

Miranda Warnings - Failure to Advise

Posted by John P. Rutkowski | Aug 26, 2022 | 0 Comments

Defendant Hudson arrested for DUI moved the Court to Suppress statements she made while handcuffed in the rear seat of a police cruiser. Prior to questions police failed to advise the defendant of the Miranda warnings as spelled out in the U.S. Supreme Court's opinion in Miranda v Arizona. The Tr...

Search and Seizure Cell Phone

Posted by John P. Rutkowski | Jul 30, 2022 | 0 Comments

The court of trial court issued an Order finding M.H. in contempt for refusing to provide passcode to access his cell phone in connection with a search warrant. The Court of Appears upheld the lower court's Order because M.H. had not yet been charged with any crime related to his phone. The court...

arrested in Florida and I am from out of state, can I go to a DUI school in my home state

Posted by John P. Rutkowski | Jul 13, 2022 | 0 Comments

If you live out of state and are convicted of a DUI or Reckless Driving in Florida, you will be required to attend and complete a DUI school. In Florida, for a first DUI conviction, completion of a level one DUI school is required before your privilege may be restored. If the conviction is for a second or subsequent DUI, Florida requires completion of a level two DUI school. Florida will accept any out of state DUI school completion certificate so long as the school is state certified and the level or type of course is comparable to the level course required in Florida.

New Law Crime for Loud Music to Come From Vehicle

Posted by John P. Rutkowski | Jun 26, 2022 | 0 Comments

Florida's new law, 316.3045, is going into effect July 1, 2022 makes playing your vehicle's radio, or other electronic device or musical instrument with the volume so loud that the sound emanating is plainly audible at a distance of 25 feet or more from the vehicle or is louder than necessary for...

Criminal Law

Posted by John P. Rutkowski | Jun 23, 2022 | 0 Comments

Q: Can the police just stop me on the street for no reason? A: The police can't stop you and search you in the street without reason. However, the police can come up to you and talk to you without reason. That is called a citizen/police encounter. You are permitted to refuse to speak with the po...

Florida First DUI Conviction Pentiles

Posted by John P. Rutkowski | Jun 21, 2022 | 0 Comments

Under Florida law, Driving Under the Influence (DUI) of alcoholic beverages, chemical substances, or controlled substances is one crime. DUI may be proved in one or both ways. One way is by an individual having impairment of normal faculties by alcohol or drugs, be they prescribed or illegal. The second way DUI may be proved is by an individual having an unlawful breath/blood alcohol level of .08 or above. The penalties for either conviction is the same, regardless of the manner in which the DUI is proven.

DUI PRETRIAL PROGRAMS

Posted by John P. Rutkowski | Jun 18, 2022 | 0 Comments

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,” this program offers applicants the chance to avoid a DUI conviction in exchange for taking steps that are likely to reduce the chances they drive while impaired again. Of course, not every person is eligible for this program. Some individuals might also benefit from not participating and, instead, fighting the charges against them. This can be a difficult decision, making your choice of defense attorney imperative.

No Probable Cause For Traffic Stop-Case Dismissed

Posted by John P. Rutkowski | Aug 25, 2021 | 0 Comments

Officers lacked probable cause to detain defendant for violation of statute that restricts brightness and number of lit auxiliary lights on vehicle where record does not reflect that officers had any training or experience that would have allowed them to estimate brightness of auxiliary lights at...

Leave Scene Injury Crash License Revocation

Posted by John P. Rutkowski | Jun 08, 2021 | 0 Comments

 Driver's license -- Revocation -- Leaving scene of accident involving injury -- For purposes of revoking driver's license under section 322.28(4)(b), “conviction” includes both adjudicated offenses of leaving scene of accident involving injury and offenses in which adjudication is withheld requi...

REFUSE TO TAKE BREATH TEST AFTER PRIOR REFUSAL

Posted by John P. Rutkowski | May 09, 2021 | 0 Comments

316.1939 Refusal to submit to testing; penalties: Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.193, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or h...

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