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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.


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...


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...

Illegal Detention DUI Dismissed

Posted by John P. Rutkowski | Feb 19, 2021 | 0 Comments

Officer who responded to report of van that veered into oncoming traffic and, after locating vehicle, observed it cross fog line twice, had reasonable suspicion for investigatory stop -- Detention of defendant for 15 minutes without beginning investigation while awaiting arrival of DUI unit was u...

Stand Your Ground Immunity From Prosecution

Posted by John P. Rutkowski | Jan 27, 2021 | 0 Comments

Charges stemming from incident in which defendant shot victim, who had previously been invited into defendant's home. After victim refused to leave defendant's home and became engaged in a physical altercation with defendant's boyfriend. The Trial court erred in denying defendant's motion to dism...

What are the Penalties for a DUI Conviction

Posted by John P. Rutkowski | Dec 28, 2020 | 0 Comments

Administrative Licenses Suspension: When arrested for DUI the officer will usually take your FL D/L and issue a DUI ticket. You have 10 days from the date of the DUI ticket to either waive or request a formal or informal administrative license suspension hearing. Failure to do one of the above w...


Posted by John P. Rutkowski | Nov 01, 2020 | 0 Comments

FLORIDA DUI SANCTIONS: FIRST TIME DUI JAIL TIME. Maximum of 6 months in jail.   If the driver's blood/breath alcohol (BAC) was .15 or higher, or there was a minor in the vehicle, the maximum jail sentence is 9 months. Probation 6 to 12 months. Fines $500 to $1000.  If the blood alcohol level was...

Criminal law, Attempted second-degree murder with a firearm, Evidence, Demonstrative aids, Experiments, Opinion testimony, New trial

Posted by John P. Rutkowski | Sep 13, 2020 | 0 Comments

Experiment conducted by police detective involving the shooting of a shirt from different distances. Trial court erred in allowing evidence of an unscientific experiment conducted by a police detective that was intended to prove that the victim was shot at close range, which would have been consi...

Boating under influence, Motion to Suppress Granted

Posted by John P. Rutkowski | Apr 28, 2020 | 0 Comments

Boating under influence, Search and seizure, Detention. sheriff's deputy did not have reasonable suspicion to detain defendant by requiring him to board deputy's patrol boat and travel to marina for field sobriety exercises where, at the time of detention, the only evidence of impairment was odor...

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John P. Rutkowski, Attorney at Law, firm represents clients in the areas of Criminal Defense, DUI, BUI, Criminal & Civil Traffic Offenses. Contact Mr. Rutkowski today for a free telephone consultation.


3941 Tamiami Trail
Ste 3157-101
Punta Gorda, FL 33950
866-397-9055 (fax)