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Driving under influence -- Evidence -- Expert -- Field sobriety exercises

Posted by John P. Rutkowski | Dec 31, 2019 | 0 Comments

Driving under influence -- Evidence -- Expert -- Field sobriety exercises -- Trial court erred in allowing state to present officer's testimony about defendant's performance of field sobriety exercises as expert scientific testimony, permitting state to question officer at length about his credentials over defense objections and to testify that defendant did not perform field sobriety exercises “to standard.” Error was not harmless where there was no breath or blood test result, and officer's testimony was principal feature of trial.

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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