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Field Sobriety Test Officer is not an Expert as to Field Test

Posted by John P. Rutkowski | Nov 16, 2020 | 0 Comments

Expert testimony regarding administration or reliability of field sobriety exercises is precluded -- Officer's testimony regarding his training and experience with regard to exercises goes to credibility and weight of evidence regarding his observations and does not make him expert witness subject to cross-examination under section 90.706.

90.706 States: 90.706 Authoritativeness of literature for use in cross-examination.Statements of facts or opinions on a subject of science, art, or specialized knowledge contained in a published treatise, periodical, book, dissertation, pamphlet, or other writing may be used in cross-examination of an expert witness if the expert witness recognizes the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative, or, notwithstanding nonrecognition by the expert witness, if the trial court finds the author or the treatise, periodical, book, dissertation, pamphlet, or other writing to be authoritative and relevant to the subject matter.

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About the Author

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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