MOTION TO SUPPRESS BREATH TEST RESULT DUE TO FRAUDULENT CERTIFICATION
MOTION TO SUPPRESS BREATH TEST RESULT DUE TO FRAUDULENT CERTIFICATION
Sample Motions in DUI Cases and Other Pleadings
Sample motions and pleadings to file in a DUI case.
McNeely Reply Memo – DUI Case File- DUI Case File
Defendant reply memo to governments newly filled memorandum.
Breath Test – Male (Gilpin County)- Criminal Defense Legal Document
Motion to suppress breath test on notion road side tests were taken illegally and arrest were warrantless.
Motion for a New Trial – DUI Case File
Motion for new trial regarding DUI case on grounds identification was not requested before arresting defendant.
Motion to Suppress Blood Draw + Cross Examination Questions – DUI
Motion to suppress questions to the expert who preformed the blood draw related to the case.
Motion In Limine to Exclude Specific Instances of Conduct of a DUI Witness
Motion to exclude specific instances of conduct witnesses which include attacking or supporting the witness.
Motion for Frye-Mack Hearing – DUI Case File
Motion for Frye-Mack hearing determines the admissibility of an experts scientific testimony during trial.
Motion for Discovery of Laboratory Evidence – Toxicology
Motion to enter toxicology reports into evidence relevant to use in trial.
Motion for DNA Discovery – Laboratory and Scientific Evidence
Document entails motion for discovery of new evidence regarding expanded DNA results obtained.
DUI Breath Test Not Certified – Criminal Defense
Motion to suppress DUI breathalyzer results due to fraudulent certification, or lack of certification.
Appellant Brief on Whether an Illegal Stop Can Affect a License Revocation
Whether or not the exclusionary rule applies in driver’s license revocation proceedings, the express consent statute does not allow the Department of Revenue to revoke a driver’s license pursuant to section 42-2-126 on the basis of a search that itself is the product of an illegal stop and arrest. In this case we argued that, The court of appeals erred in holding that a driver cannot rely on the exclusionary rule to raise the illegality of initial police contact as a defense in a driver’s license revocation proceeding conducted pursuant to section Colorado Law,
Note statute has changed this since the appeal.
A Colorado Supreme Court order dealing with the exclusionary rule and driver license DMV
The Department of Revenue, through the Division of Motor Vehicles, revoked a driver’s license, following a hearing officer’s determination that the driver had driven a motor vehicle with a blood alcohol content in excess of the statutory maximum. The district court reversed, holding that the initial stop of the driver’s vehicle was not supported by reasonable suspicion. The court of appeals reversed the district court and held that the legality of the initial contact between the police and the driver was not relevant in the civil administrative proceeding to revoke the driver’s license. The court also held that the exclusionary rule did not apply to suppress evidence of the driver’s BAC. The supreme court holds that, under section 42-2-126, C.R.S. (2011), “probable cause” in the context of the driver’s license revocation statute, as it existed at the time of the hearing in this case, refers to the quantum and quality of evidence necessary for a law enforcement officer to issue a notice of driver’s license revocation, not whether the officer’s initial contact with the driver was lawful. The supreme court further holds that the exclusionary rule did not apply to suppress evidence of the driver’s BAC in the driver’s license revocation proceeding. Accordingly, the supreme court affirms the judgment of the court of appeals.
Notice of Motions in a DUI Case
Notice of all motions related to DUI case.