Connecticut Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Expert witnesses are key in the courtroom, as more complicated disputes need clear explanation to a jury. But, there's little agreement on what makes a great witness. GLG Law's David Solomon gives four characteristics to look for?clear communication, coachability, confidence, and candor.

Section 7-2 requires a party offering expert testimony, in any form, to show that the witness is qualified and that the testimony will be of assistance to the trier of fact. A three-part test is used to determine whether these requirements are met.

This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the 'best' way to prove the actual content of the evidence.

1354, 158 L. Ed. 2d 177 (2004), which holds that testimonial hearsay statements may be admitted as evidence against an accused at a criminal trial only when: (1) the declarant does not testify and (2) the defendant has had a prior opportunity to cross-examine the declarant. See U.S. Const., amend.

4-8. Section 4-8 - Offers To Compromise (a)General rule. Evidence of an offer to compromise or settle a disputed claim is inadmissible on the issues of liability and the amount of the claim.

Under Connecticut's Implied Consent Law, any person who operates a motor vehicle is presumed to have given their permission to be tested to determine BAC. You're considered legally intoxicated if your BAC is . 08 or above. If you're age 21 or younger, you're considered legally intoxicated at a .

Connecticut law provides for a Pretrial Alcohol Education Program under which certain eligible offenders charged with DUI may successfully complete an alcohol intervention or substance abuse treatment program, as appropriate, and have the DUI charges dismissed (CGS § 54-56g).

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Connecticut Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI