Reporter: Bridget Bruchalski
•9/8/2026
FORT MYERS, Fla. (WINK) — Cape Coral City Councilwoman Rachel Kaduk will appear before a judge on Tuesday morning.
Prosecutors filed motions asking the judge to decide which evidence can be presented at trial. In total, there are six motions the judge will consider.
The case stems from a DUI arrest in December in Cape Coral, where Kaduk refused to submit to DUI testing after performing a field sobriety test.
The filings offer a look at what prosecutors think could become arguments at trial. They want the judge to set some rules before a jury is in the room about what can and cannot be brought up.
A big part of this case centers around the breath test police said Kaduk refused to take. Police say they pulled her over after reports of erratic driving.
Body camera video shows her performing a field sobriety test before she was arrested. Prosecutors are asking the judge to keep the defense from questioning how accurate or reliable a breathalyzer test would have been that night.
They argue that Kaduk refused to take one in the first place. They also want to keep information about her driver's license proceedings out of the trial and limit how the defense can use police reports to question officers.
