Section 84 Civil Motion Challenging Admissibility of Breath-Test Results Based on § 490.065, RSMo

LibraryDWI Experts and the Science of Chemical Tests 2014

Following is a sample objection to the admission of breath test results based on § 490.065, RSMo 2000:



Sample Objection to the Admission-of-Breath

Test Results Based on § 490.065, RSMo 2000

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...

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