Criminal Charges

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

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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Dismiss Breathalyzer Concerning Other Form Names

Breathalyzer Form   Dismiss Charges Application   Motion Dismiss Form   Motion Dismiss Criminal Charges   Motion Dismiss Follow   Motion Dismiss Criminal   Motion Dismiss Charges  

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IN THE _ COURT OF _ (County), _ (State) _ (State of _) V. PLAINTIFF CAUSE NO. _,_ _ (Name of Defendant) DEFENDANT Motion to Dismiss Based on Failure to Administer Breathalyzer Pursuant to Regulations Concerning Breathalyzers Comes now _ (Name of Defendant), Defendant in the abovecaptioned cause, and respectfully moves that this Court suppress the breathalyzer results in this case, and dismiss the above-captioned Complaint, and as reasons therefore, the Defendant asserts the following: 1. The breathalyzer was not conducted within a “reasonable time” as required for the admission of a breath test. Specifically, (specify regulation)1 _, provides as follows. (Specify regulation) _ _. The regulations further provide that a test is inadmissible if not conducted pursuant to the procedures in the regulations. Here, the Defendant, who was stopped at _ (include time), was initially brought to the _ (name of police station), where he consented to a breathalyzer that was administered at _...

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