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Affidavit In support of Motion in Limine to Preclude any Evidence of...

Dallas Texas Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

Name: Dallas Texas Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI
Brand: US Legal Forms
Rating: 4.8 (427 reviews)

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

County:

Dallas

Control #:

US-02216BG

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

A motion to suppress is a motion that revolves around the exclusion of evidence from trial. In the United States, a motion to suppress is a request made by a criminal defendant in advance of a criminal trial asking the court to exclude certain evidence from the trial.

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.

A motion to suppress evidence can remove evidence that was never legally obtained by police and can be crucial in a defendants case. In fact, I have filed motions to suppress evidence that resulted in the dismissal of criminal charges because the prosecution was unable to continue with their case.

A ?suppression hearing? is a proceeding conducted before a criminal trial judge that involves a motion to suppress or exclude evidence from being used at trial. Almost always, suppression hearings are conducted before the criminal trial begins.

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.

A pretrial motion asking that certain evidence be found inadmissible, and that it not be referred to or offered at trial.

So ? treat the notion of a motion in non limine as non advice. The rule allows, and solid advocacy invites, pretrial motions to ensure admissibility.

Some examples of evidence commonly suppressed include: Evidence obtained by an unreasonable search in violation of your Fourth Amendment rights. Evidence obtained due to an unlawful traffic stop or arrest, which constitutes an unreasonable seizure in violation of your Fourth Amendment rights.

Generally, a motion to suppress is based on: Fourth Amendment and Article 14 protections against unreasonable search and seizure; Fifth Amendment, Sixth Amendment, and Article 12 protections against illegal confessions or admissions and the right to counsel; and/or.

Dallas Texas Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

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What is a motion for suppression?

Is a motion in limine the same as a motion to suppress?

Is motion to suppress a good thing?

What is the purpose of suppression hearing?

What type of motion is a motion in limine?

What does motion in limine mean?

What is the opposite of a motion in limine?

What does motion to suppress mean?

What type of evidence can be suppressed?

On which rights are most motions to suppress based?

Interesting Questions

What is an Affidavit in support of Motion in Limine?

Why would someone file an Affidavit in support of Motion in Limine to preclude evidence of a breathalyzer test in a DUI case?

What is a Motion in Limine?

Why would someone want to preclude evidence of a breathalyzer test in a DUI case?

What is a breathalyzer test?

What can be considered as evidence of breathalyzer test in a DUI case?

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