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How to use or fill out Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI with our platform
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Click ‘Get Form’ to open the Motion to Dismiss in the editor.
Begin by filling in the court details at the top of the form, including the name of the court, county, and state.
In the section labeled 'Comes now', enter your name as the Defendant. This personalizes your motion.
Detail your reasons for dismissal in numbered points. Start with specifying regulations regarding breathalyzer administration times and include relevant times and locations.
Continue outlining any procedural failures noted in police reports, ensuring you cite specific minutes required for observation before testing.
Mention any exculpatory evidence that may have been lost due to improper procedures, referencing applicable case law.
Conclude by signing and dating the document at the bottom, ensuring all necessary attorney information is included.
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