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

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

Name: Tarrant 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:

Tarrant

Control #:

US-02216BG

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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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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.

Generally, a breathalyzer test can test positive for alcohol for up to 12 hours after consuming one alcoholic drink. The average urine test can also detect alcohol 12-48 hours later. If your BAC is 0.08, it will take approximately 5 hours to metabolize the alcohol completely before you can become sober again.

A preliminary breath test (PBT) is taken at the scene of the initial police stop. The police officer will use a handheld device to measure your blood alcohol content (BAC). If your BAC is above the legal limit, then the police officer will have probable cause to arrest you.

The PBT is a preliminary Breath test that is not admissible at your trial as substantive evidence. You are not required by law to take the PBT, and refusing to take this test is a civil infraction. The PBT is NOT to be confused with the Breathalyzer machine.

When maintained and operated by trained personnel, the PBT provides a reasonable estimate of the evidential test result within the relevant forensic range (95% prediction interval: ± 0.003 g/210 L).

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

The effectiveness of the preliminary breath test (PBT) in aiding the enforcement of driving-while-intoxicated (DWI) laws is examined. The PBT is an objective roadside blood alcohol content (BAC) chemical test.

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 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 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.

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

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What is the difference between a motion to suppress and a motion in limine?

How long can a PBT detect alcohol?

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What does PBT stand for in DUI?

What type of motion is a motion in limine?

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What is a motion of suppression?

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