Section 64 Civil Motion Challenging Admissibility of Breath Test Results Based on § 490.065, RSMo

• Library: Dwi Experts and the Science of Chemical Tests 2011 Forms

Sample Objection to the Admission of Breath Test Results Based on § 490.065, RSMo

Petitioner objects to the admission of the checklist and breath test results into evidence in this case on the basis that the Director of the MoDOR failed to establish that the test was performed in a manner that is:

· “reasonably relied upon by experts in the field”; and

· “otherwise reasonably reliable.”

Section 490.065.3, RSMo; State Bd. of Registration for Healing Arts v. McDonagh, 123 S.W.3d 146 (Mo. banc 2003).

Missouri...