Get Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - Dui

This guide provides a comprehensive approach to filling out the Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI online. Understanding how to properly complete this motion can be crucial for effectively challenging DUI charges.

Follow the steps to successfully complete the motion online.

1. Press the ‘Get Form’ button to retrieve the document and open it in the provided editor.
2. In the top section, fill in the appropriate court information, including the court name, county, and state, as well as the case number for your motion.
3. Input the name of the defendant in the designated area to identify the party making the motion.
4. Begin the motion with a clear statement outlining the request to dismiss the complaint, including a brief explanation of the failure to follow the required breathalyzer protocols.
5. Detail the specifics regarding the breathalyzer test, including the time of the stop, the police station name, and the time of the breathalyzer test, accurately citing any relevant regulations.
6. Include information about the police report, specifying any failures in protocol, such as not observing the defendant for the required time prior to the test.
7. Cite any evidence of potentially exculpatory information that may have been lost due to the handling of the breathalyzer test.
8. Discuss any refusals or waivers, clarifying the expectations the defendant had regarding the administration of the breath test.
9. Summarize the lack of evidence for the arrest aside from the breathalyzer test, providing clarity on the facts surrounding the incident.
10. Conclude the motion by restating the request for dismissal and ensuring all required signatures are in place, including the defendant's and the attorney's information.
11. Once all fields have been completed and verified for accuracy, save the document, and proceed to download or print the form as needed.

Take action now and complete your motion online with the clear guidance provided.