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New Jersey Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

Category:
Civil Procedure - Dismissals
State:
Multi-State
Control #:
US-02161BG
Format:
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 Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI
  • Preview Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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How to fill out Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

Are Field Sobriety Tests Mandatory in New Jersey? Drivers in New Jersey are not obligated to perform FSTs when asked to do so by a police officer. Refusal to perform FSTs is not likely to result in an officer letting you go, as mentioned above.

Another way to fight refusal charges is to challenge the probable cause for even asking to test your breath. Once stopped, the officer asks you questions, observes your physical appearance and general demeanor, which may lead them to believe that you are driving under the influence.

-50.4, there are mandatory NJ DWI refusal penalties that the court must impose. A first offense conviction includes: Fine?A fine of $300 to $500 and a mandatory drunk driving enforcement fund surcharge. License Suspension?A mandatory license suspension of between seven and 12 months.

-50.4, there are mandatory NJ DWI refusal penalties that the court must impose. A first offense conviction includes: Fine?A fine of $300 to $500 and a mandatory drunk driving enforcement fund surcharge. License Suspension?A mandatory license suspension of between seven and 12 months.

Refusal or failure to comply with a breath demand carries the following penalties: A mandatory minimum one-year driving prohibition/suspension for a first-time offender, and the judge can impose up to a three-year driving prohibition at their discretion. A mandatory minimum $2,000 fine.

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