Louisiana Motion and Order to Suppress Intoxilizer Test and Field Sobriety Test
What is this form?
The Motion and Order to Suppress Intoxilizer Test and Field Sobriety Test is a legal document used in criminal proceedings. This form allows a defendant to request that evidence gathered through an Intoxilizer test or field sobriety test be excluded from consideration in court. This request is based on the argument that the defendant was subjected to an unlawful arrest without probable cause. This form specifically addresses issues related to intoxication testing in DUI cases, differentiating it from other motions that may address different forms of evidence or legal grounds.
What’s included in this form
- Defendant's identification: Space for the defendant's name and details.
- Details of the Intoxilizer and field sobriety tests: Fields for date and police department involved.
- Statement of unlawful arrest: Argument that the evidence was obtained without probable cause.
- Order to show cause: A directive for the city to respond to the motion by a specified date.
- Certification of service: Confirmation that the motion was delivered to the city prosecutor.
Situations where this form applies
This motion is typically used by defendants facing DUI charges who believe that the evidence against them was obtained unlawfully. If you were stopped without probable cause, or if the tests were administered improperly, you can file this motion to seek suppression of the test results. This form is particularly relevant for individuals challenging the legality of evidence that could strongly impact their case.
Who should use this form
- Defendants in criminal DUI cases.
- Individuals who believe they were wrongfully stopped by law enforcement.
- Those seeking to challenge the admissibility of evidence in court.
- Legal representatives for defendants who require a formal motion.
Steps to complete this form
- Identify the defendant: Fill in the full name of the defendant in the designated area.
- Provide test details: Enter the relevant police department and the date of the Intoxilizer and field sobriety tests.
- State your argument: Clearly articulate why the evidence should be suppressed due to unlawful arrest.
- Sign and date the motion: Ensure the motion is signed by the defendant's attorney or the defendant themselves if self-represented.
- Deliver the motion: Serve a copy of the completed motion to the Office of the City Prosecutor and retain proof of service.
Is notarization required?
This form does not typically require notarization to be legally valid. However, some jurisdictions or document types may still require it. US Legal Forms provides secure online notarization powered by Notarize, available 24/7 for added convenience.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Avoid these common issues
- Failing to include all required details about the tests conducted.
- Not adequately explaining the basis for claiming unlawful arrest.
- Missing the deadline for filing the motion with the court.
- Neglecting to serve the motion to the city prosecutor properly.
Why use this form online
- Convenience: Access and complete your form from home at any time.
- Editability: Easily modify your form as needed until it is finalized.
- Reliability: Obtain a legally sound template drafted by licensed attorneys.
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FAQ
Drivers do not have to take California field sobriety tests Drivers can decline to take them without any penalty whatsoever. This is important because even sober drivers can fail FSTs for reasons having nothing to do with their blood alcohol content (BAC).
A motion to suppress asks the judge to block a piece of evidence. If the motion succeeds, the evidence is no longer allowed in the case at all. That means the prosecutor cannot draw on it to make their argument against you, and the jury cannot be told about the evidence if the case goes to trial.
If the court grants the motion to suppress evidence (that is, rules in favor of the defendant), then the prosecutor is barred from introducing the evidence in question at trial. This often results in the case being dismissed, or a plea bargain agreement more favorable to the defense.
You absolutely keep your right to refuse field sobriety tests, the breath test, and the blood test, even when they say it's a "No Refusal" weekend.Obviously if you do a field sobriety test, that's one way they can get probable cause.
Traditionally, California's implied consent law applied to DUI blood tests as well as to breath tests. But the Supreme Court of the United States has suggested that defendants may not be penalized for refusing to take blood tests in cases where the police have not obtained a warrant.
Refusing the field sobriety test means that the officer cannot use your results to arrest you. You can be arrested for other reasons, including the smell of alcohol or hostile behavior, though.
Stand on one foot while counting. Walk a straight line, heel to toe for a specific distance. With arms stretched out, touch your finger to the tip of your nose. Repeat the alphabet from Z to A. Nystagmus or Horizontal/Vertical Gaze Test.
You Cannot Refuse the Chemical Breath Test without Penalty The breathalyzer test you are given at the police station after your arrest is mandatory, and if you refuse to take it, you are subject to additional penalties under California's implied consent law.
Increased Fines and Penalties Again, you may be thinking that you can live with the license suspension and other penalties involved in refusing to be tested, but you need to avoid a DUI conviction at all costs, so refusing to take the test will eliminate any evidence against you in a court of law.
