Supreme Court of the United States · Official docket →
Richard James Ruvido v. Florida
Paid petition · District Court of Appeal of Florida, Fourth District, No. 4D2025-1691 · judgment July 8, 2026
(petition-stage, structural)
Well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether the Due Process Clause permits a State to convict a defendant of the crime of refusing to submit to a breath test without requiring the jury to determine that the defendant voluntarily refused, where the defendant presented evidence that a physical condition prevented immediate compliance and requested an instruction distinguishing physical inability from voluntary refusal.
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Whether the Sixth and Fourteenth Amendments permit a State to exclude qualified defense-expert testimony concerning material deviations from standardized fieldsobriety-test protocols while permitting the State’s officer to characterize the same exercises as evidence supporting impairment and probable cause.
Counsel of record
For petitioner
David M. Lamos
David M. Lamos, Attorney at Law
For respondent
Celia A. Terenzio
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Proceedings
- Oct 14 2026DISTRIBUTED for Conference of 11/6/2026.
- Oct 07 2026Waiver of right of respondent Florida to respond filed.
- Sep 25 2026Petition for a writ of certiorari filed. (Response due October 30, 2026)