Fill and Sign the Motion Evidence Form

IN THE _____________ COURT OF _______________ (County) , _______________ (State ) ______________________ PLAINTIFF (Name of State) V. CAUSE NO. _______,_______ _______________________ DEFENDANT (Name of Defendant) Affidavit in Support of Motion in Limine to Preclude any Evidence of Breathalyzer Test STATE OF __________________ COUNTY OF __________________ PERSONALLY appeared before me, the undersigned authority in and for said county and state, _______________________ (Name of Affiant) , who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. I represent the Defendant ____________________ (Name of Defendant) in the above- captioned matter and have knowledge of the facts stated herein separate from any communications with my client. 2. On _________________ (date) I obtained automatic discovery with respect to the above-captioned case, which included (description of the discovery) ___________________ ____________________________________________________________________________. The police reports indicate that the Defendant consented to a Breathalyzer Test, and that a police officer subsequently administered such test. However, there was no expert report provided with discovery, either through automatic discovery, or through the parties' stipulation that disclosures with respect to experts and/or scientific tests. Such disclosures were required at least _____ (number) days prior to the trial. 3. As there have been no expert disclosures with respect to the Defendant's requests for discovery, the State cannot lay the proper foundation to demonstrate that the Breathalyzer Test is generally accepted in the scientific community as a reliable indicator of the correlation between the consumption of alcohol and the alcohol in a defendant’s system. Witness my signature this the __________________ (date) . ___________________________________ ( Name and Signature of Affiant) SWORN to and subscribed before me, this the _____ day of _____________, 20____. _____________________________ NOTARY PUBLIC My Commission Expires: _____________________