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

Middlesex Massachusetts Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

Name: Middlesex Massachusetts 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:

Middlesex

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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FAQ

If you refuse a Breathalyzer test, you will most likely face serious consequences. For instance, if an officer stops you and believes you are intoxicated, and you refuse to submit to a test to determine your blood-alcohol concentration (BAC), you may risk having your license suspended or even face jail time.

In MA, refusing to submit to a breathalyzer test comes with the following consequences: First offense: 180-day license suspension. Second offense: Three-year license suspension. Third offense: Five-year license suspension.

Implied Consent Law/Refusal of Breath Test If you under the age of 21 and refuse to submit to a breath or chemical test, you will automatically be subject to penalties including: Fines. License suspension for first offense: 3 years. Suspension for Second Offense: 5 years.

For the first offense suspension of your license for seven months and a fine from $300 to $500. Repeat DUI Offenders You will lose your license for two years and have to pay a fine of $500 to $1,000 if this is your second refusal. For your third refusal, the suspension lasts for ten years and the fine is $1,000.

The bottom line is that refusing to take the sobriety tests will cost more in the long run, including larger fines and fees, longer license suspension, and possibly longer jail time if it's not your first offense. 5 If you are stopped, your best bet is to take the tests.

At the police station, you are informed that refusing to take the breath test will result in an automatic license suspension of 6 months if this is your first offense (or 3 years if under 21 years old), 3 years if this is your second offense, 5 years if this is your third offense, and a lifetime loss of license if this

If you are stopped by the police on suspicion of driving while intoxicated in New Jersey, you do not have to submit to field sobriety testing. It is not required by law and you cannot be ticketed for your refusal.

In Massachusetts, you can refuse to take a breathalyzer test if you've been pulled over by police, but there are immediate repercussions for doing so. This is referred to as an implied consent law.

According to law, if a court of law finds you guilty of refusing to submit to chemical tests of your breath, then your license to operate a motor vehicle may be revoked by the court for a period of no less than seven months and no more than 20 years.

Middlesex Massachusetts Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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What happens if an individual refuses to take a breath test?

What is the penalty for refusing a breath test in Massachusetts?

What is the penalty for a driver under 21 who refuses a breath test Massachusetts?

What happens if you refuse a breathalyzer in NJ?

Is it worse to refuse a breathalyzer?

What happens if you refuse the breathalyzer in Massachusetts?

Can you refuse a sobriety test in NJ?

Can you refuse a breathalyzer in Massachusetts?

Can you deny a breathalyzer in NJ?

Interesting Questions

What is a Middlesex Affidavit?

Why would someone file a Middlesex Affidavit in a DUI case?

What does it mean to 'dismiss for failure to follow Breathalyzer protocols'?

What protocols are associated with conducting a breathalyzer test?

How does filing a Middlesex Affidavit help in a DUI case?

What happens if the court finds that breathalyzer protocols were not followed?

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