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DUI Discovery Violation New Trial Required

Posted by John P. Rutkowski | Apr 07, 2019 | 0 Comments

Criminal law -- Driving under influence -- Discovery -- Failure to comply -- State's failure to designate as expert witness an agency inspector from who it elicited testimony on how Intoxilyzer functions constitutes discovery violation. Trial court's failure to conduct Richardson hearing was not harmless where expert testimony served to contradict defense challenge to accuracy and reliability of Intoxilyzer. New trial required.

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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.