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

Palm Beach Florida Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

Name: Palm Beach Florida 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:

Palm Beach

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 Palm Beach Florida Affidavit In Support Of Motion To Dismiss For Failure To Follow Breathalyzer Protocols - DUI?

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Under Florida's implied consent law, if a person refuses to take a breathalyzer test, he or she is subject to a mandatory license suspension. A first offense refusal will be a one-year license suspension and a second or third offense will result in 18 months of license suspension with possible jail time.

In most situations, it is not helpful to refuse to take a breathalyzer test. If you are convicted of a first-time DUI in Florida, you face fines, possible jail time, and could be required to have an ignition interlock device (IID) installed.

Just as charges can be reduced, they can also be dismissed as well. This can happen because of any number of reasons including lack of evidence, faulty breath test readings or even procedural errors that led to a violation of a person's civil rights.

For a first offense DUI, refusal to take a Breathalyzer test could result in a one year suspension of your license. A second and third offense will result in an 18-month license suspension. Additional consequences, even jail time, could result from a second or third refusal to blow.

Mandatory minimum imprisonment of 30 days if the conviction was within 10 years of a prior conviction. If within 10 years of a prior conviction, imprisonment for not more than 12 months. Fourth-Offense or More DUI Conviction: Imprisonment, not more than 5 years.

The next appearance is the Arraignment. It normally occurs about one month after your arrest, and is mandatory, unless your lawyer has waived it.

You can legally refuse FSTs without being arrested or having your license suspended. However, the fact you refused can be used against you, along with your demeanor/behavior during the encounter, to suggest you were impaired at the time.

Now, there is one caveat to the timeline: a misdemeanor DUI case generally takes about three to six months for rural and suburban counties in Florida.

In Florida, refusing to perform a sobriety test based on suspicion of drunk driving is not against the law but can lead to a misdemeanor charge, a license suspension of up to one year if you refuse it for the second time.

Florida law allows a law enforcement officer to request that a driver take field sobriety tests when the officer has reasonable suspicion that the driver is under the influence. There is no law or Florida State Statute that requires a Florida driver to submit to field sobriety tests.

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The Court of Appeals was called upon to rule on a case that involves visitation. The case involved a Kentucky judge's determination that a parent has the constitutionally-based right to maintain contact with the grandchild he or she has not yet met. In rejecting the right of a child to maintain a relationship with an alien grandparent, the Court of Appeals held that Kentucky was not within its enumerated powers when it denied a grandparent visitation. In holding that Kentucky could not exercise its powers to establish visitation, the Court of Appeals suggested that the grandparent visitation statute was not preempted by the Fourteenth Amendment, on the grounds that Kentucky has no power to determine what is in the best interests of the child. Thus, the Court of Appeals held, the statute “did not violate the Due Process Clause.” Thus, if you have a case involving grandparent visitation in Kentucky, make sure you pick your case first from the list below.

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Palm Beach Florida Affidavit in Support of Motion to dismiss for Failure to follow Breathalyzer Protocols - DUI

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What happens in Florida if you refuse breathalyzer?

Is it better to refuse a breathalyzer in Florida?

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Do you have to do field sobriety test in FL?

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What is a Palm Beach Affidavit?

What does it mean to 'dismiss for Failure to follow Breathalyzer Protocols'?

Why is the Palm Beach Affidavit important in a DUI case?

What happens if a motion to dismiss is granted?

Can any DUI case be dismissed based on the Palm Beach Affidavit?

What kind of failure to follow breathalyzer protocols can be grounds for dismissal?

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