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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Kansas Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

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 Motion In Limine To Exclude Breathalyzer Results For Failure To Follow Observation Protocols - DUI?

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FAQ

If you are convicted, you will be sentenced to between 48 consecutive hours and six months in jail and fined between $750 and $1,000. Additional costs associated with a 1st DUI include: Court costs. Probation monitoring fees.

Upon the defendant entering into a pretrial Diversion Agreement, the criminal proceeding shall be suspended by appropriate order of the Court. When the defendant successfully fulfills the terms and conditions of diversion, the Attorney General shall move to have the criminal charges dismissed with prejudice.

The purpose of a motion in limine is to assure all parties a fair and impartial trial by prohibiting inadmissible evidence, prejudicial statements, and improper questions by counsel.

In Kansas, if a person refuses to take a breath test, they will receive a one-year suspension of their license. Once their license is back, they must also drive for two years with an ignition interlock device, which is a tool that measures the alcohol in a person's breath when they blow into a mouthpiece.

In Kansas, DUI charges must be filed within 5 years of the offense. If the government fails to do so, the charges could be dismissed.

DUI Diversion Facts: A diversion is an agreement with the prosecuting attorney requiring a defendant to undergo alcohol counseling, random testing, and at least monthly reporting for a period of 12 months. If a defendant complies with all the conditions, the case is dismissed and a conviction does not go on the record.

DIVERSION. When you go to court in your DUI case, if it is a first offense, the prosecutor may offer to enter you into a program called diversion. Diversion is an option in which the defendant admits he is guilty of the DUI and agrees to be supervised for a year and fulfill numerous conditions.

Statute of Limitations In Kansas, DUI charges must be filed within 5 years of the offense. If the government fails to do so, the charges could be dismissed.