North Carolina Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
Control #:
US-02160BG
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Word; 
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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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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

How to fill out Motion To Dismiss Criminal Charges For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Finally, if you are acquitted of a DUI after a trial, or the charges against you are dropped, then you certainly have achieved the best-case scenario. However, most clients would consider a prosecutor's offer of a careless driving guilty plea in exchange for withdrawing the DUI charges to be an absolute win.

You may be able to get the charges dropped if you can show that the police did not have reasonable suspicion to pull you over. In order to have reasonable suspicion to stop somebody, the police must base their decision on objective facts and not a gut feeling that the driver did something wrong.

Charlotte NC Attorney Explains How to Beat a DUI-DWI Refusal or Breath Test Your right to remain silent. Your right to legal counsel. Your right to demand a search warrant, before police conduct a search.

Beating a DWI in North Carolina Challenging the Traffic Stop. ... Questioning the Field Sobriety Test. ... Disputing the Breathalyzer Results. ... Arguing that you were not impaired. ... Call Clifford & Harris, PLLC.

The ability to have your DWI case dismissed depends on a few critical factors, such as your past criminal record, any previous DWIs, why the police stopped your car, and how the police handled your stop. A skilled lawyer will investigate why the police officer stopped your vehicle when taking on your case.

Notwithstanding the above rules, no criminal case shall be continued beyond 90 days from the first court date without court approval, and further; DWI cases shall not be continued in violation of N.C.G.S. 20-28. The various levels of court should work together to try to move cases as expeditiously as possible.

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North Carolina Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI