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Reasons for a Failed Prosecution

Reasons for a Failed Prosecution

There are many reasons the state can become unable to proceed with a criminal prosecution. The state may have insufficient evidence to satisfy the elements of the crime, there could be favorable defense evidence, there could be conflicts in witness testimony, there could be an innocent defendant, there could be a failure of the breath test instrument calibration or maintenance in a DUI case, there could be a lack of a qualified Breath Test Operator, or some other failure in calibration or operation of the instrument. Each of these items is a separate and distinct attack on the State’s case. These legal and factual arguments can be brought by motion to dismiss, motion to suppress, or some other type of pretrial motion determined during our consultation.