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Motion to Suppress Field Test and all other evidence granted DUI dismissed

Posted by John P. Rutkowski | May 18, 2023 | 0 Comments

The Defendant was found asleep in vehicle at traffic light and had odor of alcohol and bloodshot eyes, submit to field sobriety exercises. The court found that based on a totality of the circumstances, the officer did not have reasonable suspicion to request that defendant submit to field sobriety test. The defendant did not voluntarily consent to performance of exercises because law enforcement officers' body-camera footage showed that defendant was surrounded by five uniformed and armed officers, patrol vehicles were blocking off roadway around defendant's vehicle with their overhead lights flashing, and officer unholstered taser in show of authority when defendant resisted performing exercises. Further the arresting officer lacked probable cause to arrest defendant for DUI, therefore defendant's motion to suppress pre-arrest field sobriety exercises, resulting arrest, and refusal to submit to breath test is granted.

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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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