Section 24 Motions to Suppress and Motions in Limine
| Library | Defending Boating While Intoxicated Cases 2011 |
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A defense attorney preparing to try a BWI (boating-while-intoxicated) case should consider filing motions in limine or motions to suppress in the following areas, if warranted:
· A motion in limine to prevent the admission of portable breath testing and, specifically, portable breath test results.
· A motion in limine to prevent alphabet tests, counting-backwards tests, and finger-dexterity tests because there is no scientific proof that the tests are reliable and, further, the officer has no way to interpret the tests and does not know the percentage of accuracy of the tests. This is generally most effective after establishing these points in a...
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