Wake North Carolina Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI

State:
Multi-State
County:
Wake
Control #:
US-02216BG
Format:
Word; 
Rich Text
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.

Wake North Carolina Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI is a legal document specific to cases in Wake County, North Carolina, where the defense wishes to exclude any evidence pertaining to a breathalyzer test in a Driving Under the Influence (DUI) prosecution. This affidavit serves as a formal request to the court to prohibit the opposing party from presenting breathalyzer test results as evidence during trial. Keywords: Wake North Carolina, affidavit, motion in liming, preclude, evidence, breathalyzer test, DUI, Driving Under the Influence, prosecution, defense, court, trial. Different types of Wake North Carolina Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI include: 1. Traditional Breathalyzer Test Affidavit: This type of affidavit is filed by the defense to exclude the results of the traditional breathalyzer test, which uses a breath sample to estimate a person's blood alcohol concentration (BAC). 2. Portable Breath Test (PBT) Affidavit: This affidavit requests the court to preclude the admission of evidence related to the PBT, a handheld device commonly used by law enforcement officers to screen drivers suspected of DUI. The defense may argue that PBT results are unreliable and should not be considered in court. 3. Intoxilyzer Affidavit: This affidavit focuses on excluding evidence derived from the Intoxilyzer machine, a more advanced breathalyzer device that provides a numerical BAC reading. The defense may challenge the accuracy and calibration of the Intoxilyzer and argue for its exclusion from evidence. 4. Blood Test Affidavit: In cases where a blood sample was taken instead of a breath test, this type of affidavit seeks to preclude the admission of blood test results. The defense may question the validity of the blood test procedure or challenge the chain of custody for the blood sample. Each of these different types of affidavits serves the purpose of excluding specific types of breathalyzer or blood test results as evidence in a DUI trial in Wake County, North Carolina.

Wake North Carolina Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI is a legal document specific to cases in Wake County, North Carolina, where the defense wishes to exclude any evidence pertaining to a breathalyzer test in a Driving Under the Influence (DUI) prosecution. This affidavit serves as a formal request to the court to prohibit the opposing party from presenting breathalyzer test results as evidence during trial. Keywords: Wake North Carolina, affidavit, motion in liming, preclude, evidence, breathalyzer test, DUI, Driving Under the Influence, prosecution, defense, court, trial. Different types of Wake North Carolina Affidavit In support of Motion in Liming to Preclude any Evidence of Breathalyzer Test — DUI include: 1. Traditional Breathalyzer Test Affidavit: This type of affidavit is filed by the defense to exclude the results of the traditional breathalyzer test, which uses a breath sample to estimate a person's blood alcohol concentration (BAC). 2. Portable Breath Test (PBT) Affidavit: This affidavit requests the court to preclude the admission of evidence related to the PBT, a handheld device commonly used by law enforcement officers to screen drivers suspected of DUI. The defense may argue that PBT results are unreliable and should not be considered in court. 3. Intoxilyzer Affidavit: This affidavit focuses on excluding evidence derived from the Intoxilyzer machine, a more advanced breathalyzer device that provides a numerical BAC reading. The defense may challenge the accuracy and calibration of the Intoxilyzer and argue for its exclusion from evidence. 4. Blood Test Affidavit: In cases where a blood sample was taken instead of a breath test, this type of affidavit seeks to preclude the admission of blood test results. The defense may question the validity of the blood test procedure or challenge the chain of custody for the blood sample. Each of these different types of affidavits serves the purpose of excluding specific types of breathalyzer or blood test results as evidence in a DUI trial in Wake County, North Carolina.

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Wake North Carolina Affidavit In support of Motion in Limine to Preclude any Evidence of Breathalyzer Test - DUI