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DUI Breath Testing Implied Consent Warning

Posted by John P. Rutkowski | Oct 12, 2022 | 0 Comments

Driver challenged improperly read IMPLIED CONSENT WARNING asserting the officer's time of arrest and the reading of implied consent were wrong. The appeals court found that despite the discrepancies in documents regarding the times of arrest and of reading of the implied consent warning, there was sufficient competent substantial evidence in the narrative portion of arrest affidavit relating to the sequence of events that allowed the Hearing Officer to uphold the driver's suspension for driving with an unlawful breath alcohol level.

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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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