Mecklenburg North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

State:
Multi-State
County:
Mecklenburg
Control #:
US-02161BG
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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.

A Mecklenburg North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI is a legal document that can be used by individuals charged with a DUI offense in Mecklenburg County, North Carolina. This affidavit is aimed at providing evidence and grounds to request the dismissal of the charges based on the failure of law enforcement officers to properly follow breathalyzer protocols during the DUI arrest. By filing this motion, defendants seek to highlight any violations or procedural errors that may have occurred, potentially leading to the dismissal of the case. This type of motion can be crucial in DUI cases where the accuracy and reliability of the breathalyzer test results are called into question. If the arresting officers did not adhere to established breathalyzer protocols, it may raise doubts about the credibility of the test results and the overall validity of the DUI arrest. Common keywords and phrases often associated with Mecklenburg North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI include: 1. Mecklenburg County: Refers to the specific county within the state of North Carolina where the DUI offense occurred. Mecklenburg County is the most populous county in the state and is home to the city of Charlotte. 2. Affidavit: A written legal statement made under oath, in which the defendant outlines facts and circumstances related to the failure to follow breathalyzer protocols during their DUI arrest. 3. Motion to dismiss: A formal request made to the court by the defendant's attorney, seeking the dismissal of the DUI charges based on the failure to follow proper breathalyzer protocols. 4. Failure to follow breathalyzer protocols: Pertains to any perceived violation or negligence by law enforcement officers during breathalyzer testing. This may include inadequate calibration, improper maintenance, or insufficient training, which can undermine the accuracy and reliability of the test results. 5. DUI: Abbreviation for Driving Under the Influence, also known as DWI (Driving While Impaired) in North Carolina. Refers to the criminal offense committed when a person operates a vehicle while under the influence of drugs or alcohol, impairing their ability to drive safely. It's important to note that the specific variations or subtypes of Mecklenburg North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols — DUI would depend on the particular circumstances of each individual case. Therefore, the aforementioned keywords can be used as a starting point when conducting further research or drafting a detailed affidavit.

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FAQ

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.

A potential employer may perform a criminal background check as part of the hiring process. Even a misdemeanor DWI conviction will stay on your record for many years. Employers are supposed to consider criminal history on an applicant-by-applicant basis.

If your lawyer finds grounds to dismiss the charges, he may file a Motion to Suppress to exclude related evidence before the trial begins. If the court agrees to suppress the evidence, there will be grounds to file a Motion to Dismiss the DWI charges.

Yes, but not all DWI charges can be dismissed. A skilled attorney will consider a variety of factors and the circumstances of your arrest to determine the best defense strategy. It is always best to avoid a conviction for DWI on your criminal record by getting the charge dismissed.

Last year, the NC Court of Appeals ruled charging a defendant with DWI did not toll the two-year statute limitations. However, the NC Supreme Court put that decision on hold for now. Rather than waiting, the legislature has passed a new law especially for DWI cases.

Most courts across North Carolina are unlikely to offer or agree to a reduction from a DWI charge to a reckless driving charge. However, if you also received a traffic citation in addition to your DWI charge, a criminal defense lawyer may be able to help you get those charges reduced or dropped.

For a first offense DWI in Charlotte, you could face the following statutory penalties: Level Five DWI 24 hours to 60 days in jail, and fines reaching $200. Level Four DWI 48 hours to 120 days in jail, and fines reaching $500. Level Three DWI 72 hours to six months in jail, and fines reaching $1,000.

Most courts across North Carolina are unlikely to offer or agree to a reduction from a DWI charge to a reckless driving charge. However, if you also received a traffic citation in addition to your DWI charge, a criminal defense lawyer may be able to help you get those charges reduced or dropped.

You can beat a DUI charge you are innocent until proven guilty beyond a reasonable doubt. The State must prove that you were driving while your ability to operate a vehicle was impaired. In some instances, it is difficult for the police to prove beyond a reasonable doubt that you were under the influence.

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Mecklenburg North Carolina Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI