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…
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,…
Appellant's opening brief concerning the case where the appellant is charged with driving under the influence of alcohol, careless driving, resisting arrest and obstruction of police.
Motion to suppress breath test on notion road side tests were taken illegally and arrest were warrantless.
DEFENDANT’S MOTION IN LIMINE TO PRECLUDE EVIDENCE PERTAINING TO IMPAIRMENT RATINGS
Motion to suppress DUI breathalyzer results due to fraudulent certification, or lack of certification.
A jury Questionnaire that can be used in DUI, DWAI and driving while impaired by marijuana. Both Word format and PDF
Typically about two percent of cases end up going to a jury trial. For some attorneys, it can go either way; it just depends on the cases. There might be times where ten percent or more of these cases will go to trial. Some conviction rates were as low as 63 percent while several were…
Government response to motion to suppress and exclude blood sample evidence on the grounds it was obtained illegally without a warned from the hospital.
Defendant reply memo to governments newly filled memorandum.
Motion for new trial regarding DUI case on grounds identification was not requested before arresting defendant.
Motion for Discovery DNA and Laboratory Scientific Evidence - DUI Case File
Motion for discovery in regards to fingerprint evidence to be used in trial. A DWI, DUI, or OUI arrest means you're caught driving a vehicle while “under the influence” of alcohol or drugs. ... You can still get a DWI if you're pulled over for some reason other than erratic driving, by the way. As…
Motion to enter toxicology reports into evidence relevant to use in trial.