Product Tag: DUI

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,…

MOTION TO SUPPRESS BREATH TEST RESULT DUE TO FRAUDULENT CERTIFICATION

Sample motions and pleadings to file in a DUI case.

Defendant reply memo to governments newly filled memorandum.

McNeely Memo - DUI Case File

Motion to suppress breath test on notion road side tests were taken illegally and arrest were warrantless.

Motion for new trial regarding DUI case on grounds identification was not requested before arresting defendant.

Motion to suppress questions to the expert who preformed the blood draw related to the case.

Motion to exclude specific instances of conduct witnesses which include attacking or supporting the witness.

Motion for Frye-Mack hearing determines the admissibility of an experts scientific testimony during trial.

Motion to enter toxicology reports into evidence relevant to use in trial.

Document entails motion for discovery of new evidence regarding expanded DNA results obtained.

Motion to suppress DUI breathalyzer results due to fraudulent certification, or lack of certification.

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…

Notice of all motions related to DUI case.

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