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Driving under influence Field sobriety exercises Defendant's Consent

Posted by John P. Rutkowski | May 06, 2023 | 0 Comments

The trial court suppressed the results of the defendant's Field 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 upon state's failure to establish that defendant freely and voluntarily consented to performing the exercises. Stating that when a law enforcement officer has sufficient probable cause to believe a defendant has committed DUI, the defendant's consent to taking physical sobriety exercises is immaterial, and officer can require defendant to take part in such test. The argument that the State bears an evidentiary burden of showing that defendant voluntarily submitted to performing the Field Sobriety Exercises was rejected by the court of appeals and the case sent back to the trial court.


About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-seven 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 an Assistant State Attorney in Florida before going in to private practice and representing good people in bad times who have been accused of criminal offenses, dui, and appeals.


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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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