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Fill and Sign the Order Plaintiffs Motion for Remand 5 is Granted although Form

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IN THE CIRCUIT COURT OF ___________________ COUNTY, _______________________ STATE OF _________, ) ) ____________________________ ) Plaintiffvs. )Case Number-________________________________________ ) Defendant ) MOTION IN LIMINE COMES NOW the defendant, by and through her undersigned counsel, and hereby moves this Honorable Court to suppress the breathilyzer test results and that portion of the video tape which shows the breathilyzer test being administered. In support of this motion, the defendant shows the following: 1. The breath sample was insufficient for the Intoxilyzer 5000 to get an accurate sample. (See defendant's exhibit A, attached.) 2. The ______________ Police Department's DUI affidavit reads "refusal to supply breath sample". (See defendant's exhibit, B.)3. The ______________ Police Department's DUI affidavit reads "unable to blow into instrument". (Id.)4. On the ______________ Police Department's DUI affidavit there is a space where test result is to be entered, that space is blank. (Id.) 5. To not grant this motion would unduly prejudice the defendant. 6. The interests of justice so require. For these reasons, this Honorable Court should GRANT this motion in limine. Done this the ________ day of _________________, _________. Respectfully Submitted,____________________________

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