Motions for DWI cases
Author | Robert K. Gill/Mark Daniel |
Pages | 433-508 |
MOTIONS FOR
DWI CASES
10-1
CHAPTER 10
MOTIONS FOR DWI CASES
I. MOTIONS TO SUPPRESS EVIDENCE
A. Illegal Stop of Vehicle
§10:01 Statutory Law
§10:02 Stop Is a Seizure That Requires Reasonable Suspicion
§10:03 Additional Arrests and Further Detention
§10:04 Motion in Limine Illegal Detention or Seizure of Defendant
B. Oral Statements on DWI Videotape
§10:10 No Statement After Defendant Invokes Rights
C. Intoxilyzer Test Results
§10:20 Statutory Law
§10:21 State’s Burden for Admissibility
§10:22 No Need to Establish Scientific Basis
D. Refusal to Submit to Breath Test
§10:25 Statutor y Law
§10:26 Evidence of Refusal
E. Retrograde Extrapolation Evidence
§10:30 Statutory Law
§10:31 Definition and Purpose
§10:32 State’s Burden for Admissibility
F. Blood Specimen
§10:40 Statutory Law
§10:41 Taking Specimen Is a Search, But Not Self-Incrimination
§10:42 Requirements for Admissibility
II. MOTIONS TO QUASH
A. Quashing the Information or Indictment
§10:50 Statutor y Law
§10:51 No Need to Allege the Intoxicant
B. Quashing the Enhancement Paragraph
§10:60 Statutor y Law
§10:61 Priors Must Be Within Ten Years of Offense or Each Other
III. STIPULATIONS TO JURISDICTIONAL PRIOR CONVICTIONS
§10:70 Statutory Law
§10:71 Offering to Stipulate
§10:72 Stipulation Removes Need for Evidence
§10:73 Fact-Finder Should Be Informed of Stipulation
MOTIONS FOR
DWI CASES
Texas Criminal Forms 10-2
IV. MOTIONS IN LIMINE
§10:80 General Points
V. PETITIONS FOR OCCUPATIONAL OPERATOR’S LICENSE
§10:90 Statutor y Law
§10:91 Pre-Trial Application Is a Civil Matter
VI. SPECIAL CONDITIONS OF DWI COMMUNITY SUPERVISION
§10:100 Conditions Enumerated in Code of Criminal Procedure
§10:100.1 Statutory Law
§10:101 Interlock Devices
§10:101.1 Statutory Law
§10:102 DWI Education Programs
§10:102.1 Statutory Law
§10:103 Modif ying Conditions of DWI Community Supervision
§10:103.1 Ignition Interlock Devices
§10:103.1.1 Statutory Law
VII. THE “SUPERFINE”
§10:110 The “Superfine”
§10:110.1 Statutory Law
VIII. FORMS
Form 10-1.1Motion to Suppress Evidence Based on Illegal Stop of Defendant’s Vehicle
Form 10-1.2Motion in Limine (Illegal Detention or Seizure of Defendant)
Form 10-2Brief in Support of Pre-Trial Motion to Suppress Evidence
Based on Illegal Vehicle Detention
Form 10-3Motion to Suppress Oral Statements Made on DWI Videotape
Form 10-4.1Motion to Suppress Evidence of Intoxilyzer Test Results
Form 10-4.2Motion to Suppress Evidence of Intoxilyzer Test Refusal (Involuntary Consent)
Form 10-4.3Motion to Suppress Evidence of Breath or Blood Test (Lack of Probable Cause)
Form 10-4.4Motion to Suppress Evidence of Breath or Blood Test (Lack of Arrest)
Form 10-5.1Motion to Suppress Retrograde Extrapolation Evidence
Form 10-5.2Motion to Suppress Evidence of Standardized Field Sobriety Tests
Form 10-6Motion to Suppress Evidence of Blood Specimen
Form 10-7Motion to Quash Information or Indictment
Form 10-8Brief in Support of Motion to Quash DWI Information
Form 10-9Motion to Quash Enhancement Paragraph
Form 10-10Brief in Support of Motion to Quash Felony DWI Enhancement
Form 10-11Request to Stipulate to Jurisdictional Prior Convictions
Form 10-12Agreed Stipulation of Evidence
Form 10-13Defendant’s Motion in Limine
Form 10-14.1Petition for Occupational Operator’s License
Form 10-14.2Affidavit of Petitioner for Petition for Occupational Operator’s License
Form 10-15.1Verified Petition for An Occupational Driver’s License With Interlock
Form 10-15.2Affidavit On Verified Petition For Occupational Driver’s License With Interlock
Form 10-15.3Order Granting Occupational Driver’s License With Interlock
Form 10-16Waiver of Service for Petition for Occupational Operator’s License
Form 10-17State’s Request for Waiver of Presence at Hearing for
Petition for Occupational Operator’s License
Form 10-18Order to Remove Interlock Device
Form 10-18.1Defendant’s Motion For Removal of Deep-Lung Breath Analysis
Mechanism (Over Half of Probationary Period Completed)
MOTIONS FOR
DWI CASES
10-3 Motions for DWI Cases
Form 10-18.2Defendant’s Motion For Removal of Deep-Lung Breath
Analysis Mechanism (Probationary Period Expired)
Form 10-18.3Defendant’s Motion For Removal of Deep-Lung Breath Analysis
Mechanism (Defendant No Longer Owns Vehicle)
Form 10-19State’s Motion for Conditions on Occupational License
Form 10-20Defendant ’s Motion to Modify Conditions of Occupational Driver’s License
Form 10-21.1Defendant’s Motion for Waiver of DWI Offender Education Program (Art. 42A.403)
Form 10-21.2Defendant’s Motion for Waiver of DWI Offender Education Program (Art. 42A.4045)
Form 10-22Defendant’s Motion for Extension of Time To Complete DWI Offender Education Program
Form 10-23.1Defendant’s Motion for Waiver of Repeat DWI Offender
Education Program (Art. 42A.404)
Form 10-23.2Defendant’s Motion for Waiver of Repeat DWI Offender
Education Program (Art. 42A.4045)
Form 10-24Order For Defendant’s Driving Record
Form 10-25Defendant ’s Motion to Reduce Costs of Ignition Interlock Device
Form 10-26Defendant ’s Motion to Waive Requirement of Ignition Interlock Device
Form 10-27.1Defendant’s Motion to Waive Traffic Fine for Conviction of Intoxicated Driver Offense
Form 10-27.2Defendant’s Affidavit For Motion To Waive Traffic Fine
For Conviction of Intoxicated Driver Offense
Form 10-27.3Order Waiving Traffic Fine For Conviction of Intoxicated Driver Offense
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