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Affidavit in Support of Motion to dismiss for Failure to follow...

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

Name: Bronx New York Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI
Brand: US Legal Forms
Rating: 4.75 (447 reviews)

Category:

Civil Procedure - Dismissals

State:

Multi-State

County:

Bronx

Control #:

US-02161BG

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 Bronx New York Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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FAQ

There are a total of 8 clues the officer is looking for. The police officers are taught that if the person demonstrates 2 or more clues on this test or fails to complete it, then there is a 68% accuracy in determining the suspect's blood alcohol content is above 0.10.

A DWI charge could be dismissed if it is determined that the officer did not have a reasonable suspicion to pull the vehicle over. If an officer stops a vehicle traveling on a public highway, he/she can only do so if they have a reasonable suspicion that the driver has committed a vehicle and traffic law violation.

There are 2 phases and 8 standardized clues for the Walk and Turn test: Steps off line. Misses heel to toe. Incorrect number of steps. Improper turn. Raises arms for balance. Stops to balance self.

For individuals charged with a first-offense DWI/DUI in New York, there is no minimum jail time required. However, it is possible to be sentenced to a maximum of one year in jail. Fines for a first-time DWI offense can range from $500 to $2,500, depending on your BAC level at the scene of the crime.

Many DWI cases are successfully defended based upon learning the details of the stop and the arrest. A Successful Defense is always in the details. Many things are urgent in a DWI case: The defense of the case may require an investigation of the scene.

You must make a motion in court and convince the judge that your record should be sealed. If the DA objects to your motion, there will be a hearing where both sides present evidence about why the record should or should not be sealed.

A DWI can potentially be reduced in NY to a DWAI (Driving While Ability Impaired). While a DWI is a misdemeanor, and therefore a criminal charge, a DWAI is considered a violation, which is not a crime.

Standard Field Sobriety Test (SFST) Guide with Clues Remove glasses/ask if wearing contacts (note type of contacts) Position feet together and place hands at side. Keep head still during test. Follow stimulus with eyes only. Position stimulus 12-15" from person's face in front of the subject's nose slightly above eye level.

To administer the test, the officer will hold a small object approximately 12-15 inches from your nose and slowly move it from one side to the other. You will follow the object with your eyes while keeping your head still. The officer will look for three different clues in each (for a total of six) during the test.

Video Demonstration of Standard Field Sobriety Test - YouTube YouTube Start of suggested clip End of suggested clip I tell you to begin I'd like you to lift the leg of your choice approximately six inches off theMoreI tell you to begin I'd like you to lift the leg of your choice approximately six inches off the ground. Keep your toes pointed forward. And your arms by your side. Keep your legs straight.

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

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How many clues are needed for Sfst?

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What happens when you get a DUI for the first time NY?

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Interesting Questions

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