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Useful Forms for Attorneys
Provided are four alternative special defense instructions which I have found particularly helpful in situations where foundational issues involving the competence of the breath test operator have been initially resolved by the court in the prosecutionÕs favor and admitted into evidence. In such situation, the Defendant is entitled in a "pin-point" jury instruction addressing the specific issue involved. If your foundational objections were timely made and addressed in trial or in limine, you should have no problem in getting one or more of the instructions requested. You may download these for your clientÕs use.
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