Fill and Sign the Motionin Limine to Exclude Breathalyzer for Failure to Follow Observation Protocols Form

IN THE _____________ COURT OF _______________ (County), _______________ (State)_______________________ PLAINTIFF(State of __________)V. CAUSE NO. _______,_______________________________ DEFENDANT(Name of Defendant) MOTION IN LIMINE TO EXCLUDE BREATHALYZER RESULTS Comes now ____________________ (Name of Defendant), Defendant in the above- captioned cause, and respectfully moves that this Court exclude the breathalyzer results in this case, and as reasons therefore, Defendant would show the following:1. The breathalyzer was not conducted within a “reasonable time” as required for the admission of a breath test. Specifically, (specify regulation) ___________________________ states the following: (this is a sample regulation) ___________________________________ ____________________________________________________________________________:If after being advised of his or her rights in accordance with the provisions of (operating under influence statute) _______________________________________ ___________________________________________, a person arrested for operating under the influence of intoxicating liquor consents to submit to a breath test, he or she, as soon as reasonably possible, shall be taken to a facility with certified breath testing devices.The regulations further provide that a test is inadmissible if not conducted pursuant to the procedures in the regulations. 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) was unable to administer a test. Defendant ultimately was not provided a test until __________ (time of test).2. The police report establishes that proper procedures were not employed to the extent that 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.3. In support of this Motion, Defendant relies on the attached affidavit of counsel and accompanying police report.WHEREFORE, Defendant respectfully requests that the State be prohibited by Court order from disclosing to the jury, directly or indirectly, any evidence, argument or other assertion the results of breathalyzer test. Witness my signature this the ________________ (date) .Respectfully submitted, _______________________________ (Name of Defendant)By: ________________________________ (Name of Defendant’s Attorney) State Bar No. ____________ One of His Attorneys OF COUNSEL: ___________________________(Name of Defendant’s Attorney)Post Office Box _______________________________________________City, State, Zip CodeTelephone: ____________________ Certificate of Service This is to certify that I, ______________________ (Name of Attorney), attorney for Defendant _______________________ (Name of Defendant), have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for Plaintiff: ____________________________(Name of Attorney) Post Office Box ________________ ____________________________________________ City, State, Zip Code This the ___________________ (date). Respectfully Submitted,______________________________ (Name of Attorney) State Bar No. _____________ Attorney for Defendant OF COUNSEL: __________________________(Name of Defendant’s Attorney)Post Office Box __________________________________________City, State, Zip CodeTelephone: ____________________ Notice of Motion In Limine You are notified that on _______________ (date), at ___________ (time), or as soon thereafter as counsel can be heard, in Courtroom ________ of the ______________Court for ________________ (Name of County), __________________ (Name of State), at the ____________________ (Name of County) Courthouse at ____________________________ ____________________________________________ (street address, city, state, zip code), Defendant ______________________ (Name of Defendant), by and through his attorney, will bring on for hearing his Motion In Limine. Respectfully Submitted, ______________________________ (Name of Attorney) State Bar No. ______________ Attorney for DefendantOF COUNSEL: _____________________(Name of Defendant’s Attorney)Post Office Box _____________________________________________City, State, Zip CodeTelephone: ____________________