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DUI Breath test Substantial compliance with 20 minute rule not followed

Posted by John P. Rutkowski | Jun 28, 2021 | 0 Comments

Criminal law -- Driving under influence -- Evidence -- Breath test -- Substantial compliance with administrative rules -- Twenty-minute observation period -- Where breath test operator did not communicate delegation of duty to observe defendant to fellow officer to whom he allegedly delegated that duty, and video recording reveals that fellow officer was not concerned with watching defendant and that operator was occupied with tasks that took his attention away from defendant during time that he was in room with defendant, state has not established substantial compliance with twenty-minute observation period -- Motion to exclude breath test results is granted. 

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About the Author

John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five 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 and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.