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Implied Consent improperly read - Refusal suppressed

Posted by John P. Rutkowski | Nov 14, 2022 | 0 Comments

Defendant was arrested for DUI Officer improperly read implied consent warning because the officer knew that defendant was engaged in conversation with another officer and was not paying attention during reading. The officer reading implied consent made no attempt to secure defendant's attention. Because defendant was not made properly aware of adverse consequences of refusal, the court suppressed the refusal.

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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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Put Mr. Rutkowski's twenty-seven years experience practicing in the areas of DUI, BUI, Administrative Driver License Suspension Hearings, Administrative Hardship License Hearings and Criminal Traffic. Contact Mr. Rutkowski today for a free telephone consultation.

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