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Affidavit In support of Motion in Limine to Preclude any Evidence of...

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

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02216BG

Format:

Instant download

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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How to fill out Affidavit In Support Of Motion In Limine To Preclude Any Evidence Of Breathalyzer Test - DUI?

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FAQ

When Can DUI Charges Get Dismissed in Florida? Reasonable Doubt. ... Violation of Your Constitutional Rights. ... Medical Conditions. ... Vehicle Codes. ... Deny the Breathalyzer Test/Blood Draw. ... Record Your Arrest. ... Take a Plea Deal. ... Join a Pre-Trial Diversion Program.

Ing to the State of Florida, a first conviction will not result in more than 6 months imprisonment. If your BAC is above . 15, you will not receive more than 9 months. Multiple convictions will result in longer imprisonment and possibly a permanent suspension of your license.

However, there are cases where Florida authorities may detain someone for a DUI even if the individual isn't operating a vehicle at that moment. Charges might be levied without a formal blood alcohol test as well. Despite the scant or missing evidence, the legal system could still aim for a conviction.

Motion in Limine ? this is a motion that is filed before trial to prevent the state's witnesses from mentioning some fact at trial. The most common ground for a motion in limine is to exclude any reference to your prior arrest record.

Evidence in DUI cases may include the results of a blood alcohol content (BAC) test, statements and testimony from the arresting officer and other witnesses, and other admissible information.

Ing to Florida laws, a DUI arrest can be made if the individual is in "actual physical control" of the car, even if no driving was observed. For instance, if someone is found outside a vehicle after an accident but possesses the car keys or registration, they could still be arrested for DUI.

2d 510, 512 (Fla. 1st DCA 1985). A motion in limine tests not only (1) threshold relevancy and (2) whether a jury could reasonably believe (the evidence), but also (3) whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice.