Motion to Suppress Breath Test Results
Jurisdiction: County Court, Eleventh Judicial Circuit, Miami-Dade County Florida
Location of Stop: North Miami Beach
Issues: Did the officer’s failure to follow the rules for breath testing set forth in the Florida Administrative Code require the suppression or exclusion of the result?
Notes: This was filed as a motion to suppress when it should have probably been filed as a motion in limine or motion to exclude. This was filed in 2007. I would caption the motion “Motion to Suppress or Motion to Exclude” if I had to write the motion again.