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Posted by John P. Rutkowski | May 08, 2019 | 0 Comments

Criminal law -- Driving under influence -- Actual physical control of vehicle. Where officer responding to crash scene observed defendant leaning on driver side of vehicle she owns, another person leaning on passenger side of vehicle, and key in vehicle ignition, record does not support finding that defendant was in actual physical control of vehicle. Remand with instructions to vacate conviction.

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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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