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Motion In Limine to Exclude Breathalyzer Results for Failure to...

Kings New York Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Name: Kings New York Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI
Brand: US Legal Forms
Rating: 4.56 (274 reviews)

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

County:

Kings

Control #:

US-02205BG

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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Provide facts to support why the evidence should be excluded or admitted. Provide a legal explanation why the evidence is properly excluded or admitted. Cite supportive legal authority. Any oppositions to motions in limine should also be direct and clear.

For example, if you are involved in a DUI accident and discover that there is a witness who is inflating the details of the case, then your attorney may create a motion in limine that requests that that witnesses' testimony be thrown out before the case proceeds.

In the United States, a motion in limine is Latin for a ?motion at the start.? Essentially, this is a request that is sent to a judge and can be used in either civil or criminal proceedings. Motion in limines are used on both the state and federal levels in all types of cases.

(Entry 1 of 2) : at the beginning : as a preliminary matter specifically : before a particular procedure or proceeding takes place.

A motion in limine is a procedural mechanism that allows litigators to seek to exclude certain evidence from being presented to a jury ? typically evidence that is irrelevant, unreliable, or more prejudicial than probative.

A Motion to Exclude Evidence, or Motion to Suppress, is a request made by a defendant for the court to exclude certain evidence from a trial. It is a pretrial motion, heard and decided by a judge.

A motion in limine is a pre-trial motion where you and your attorney are seeking to exclude certain evidence from trial. A motion in limine is similar in effect to a motion to suppress, except the way evidence is excluded is slightly different.

Whereas the motion in limine is based on the trial court's inherent discretion to exclude prejudicial evidence, the motion to suppress is based on the court's duty to exclude evidence which has been im- properly Qbtained.

Your motion in limine should be broken into two sections: (1) Factual Background and (2) Argument. The ?Factual Background? section of your Memorandum should include all of the facts necessary for the judge to resolve every issue raised in your motion. appropriate, include procedural posture, as well.

Kings New York Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

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Interesting Questions

What is a motion in limine in DUI cases?

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What does Kings Motion in Limine aim to exclude in the DUI case DUI595383?

Why does Kings Motion in Limine focus on observing protocols in breathalyzer tests?

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Can the breathalyzer results be considered if Kings Motion in Limine is successful?

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