Fill and Sign the Affidavit in Support of Motion to Dismissfailure to Follow Breathalyzer Protocols Form

IN THE ______________ COURT OF _______________ (County), _______________ (State)(State of ______________) PLAINTIFFV. CAUSE NO. ________,__________________________________ DEFENDANT(Name of Defendant) Affidavit of Attorney for Defendant State of __________________________County of ______________________________________________ (Name of Affiant) , being first duly sworn, deposes and says that:1. I represent the Defendant in the above-captioned matter and have knowledge of the facts stated herein separate from any communications with my client.2. On _________________ (date of pretrial conference), I obtained automatic discovery with respect to the above-captioned case, which included (description of the discovery) ____________________________________________________________________________ ____________________________________________________________________________. The police reports indicate that a Breathalyzer was conducted (specify time) _________ hours after the Defendant was arrested. The Breathalyzer was thus not conducted within a “reasonable time” as required for the admission of a breath test, even if the government's allegations are accepted as true for purposes of this motion.3. According to the police report, the Defendant, who was stopped at __________ (include time), was initially brought to the ___________________ (name of police station) , where he consented to a Breathalyzer that was administered at __________ (time of test) . Due to a malfunction, the __________________________ (name of police department) were unable to administer a test. The Defendant ultimately was not provided a test until ___________ (time of test with adequate sample).4. The police report establishes that proper procedures were not employed to the extent that the Defendant was not observed for __________ (number of minutes required under regulations) minutes prior to administering the Breathalyzer test. Specifically, the police report not only fails to note this fact, but the timing demonstrates that the Defendant was tested immediately upon being transferred to the station.5. To the extent that the Breathalyzer would have provided an objective scientific test of the Defendant's blood alcohol content, the failure to administer the Breathalyzer has resulted in the destruction of potentially exculpatory evidence in this case. 6. Additionally, in this case, the Defendant, who forewent the opportunity under _________ __________________________ (statute governing operating under the influence) to obtain an independent medical exam, willingly submitted to the Breathalyzer with the reasonable expectation that the test would be administered correctly and verify whether he was in fact in violation of the law.7. There is scant evidence warranting an arrest aside from the Breathalyzer, specifically (description of police report, for example, the defendant was able to perform two of three field sobriety tests to the officer's satisfaction, there was no accident, and there was no observation of erratic observation) _____________________________________________ ____________________________________________________________________________ ____________________________________________________________________________.________________________________(Signature of Affiant)________________________________(Print or Type Name)SWORN to and subscribed before me, this the ______ day of ______________, 20______.__________________________NOTARY PUBLICMy Commission Expires: ___________________