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New Jersey Supreme Court: Alcotest Remains Scientifically Reliable

Posted by Richard DeMichele | Sep 19, 2013 | 0 Comments

The Alcotest Centralized Statewide Database is Fully in Compliance

In what can only be deemed a blow to those charged with DWI in new Jersey,  the New Jersey Supreme Court released it's latest order in the   State v. Chun case.  You can read the text of the Chun Order here. In this case the defendants sought, in part, to bar the State's use of the Alcotest in its prosecution of DWI cases.   The challenge centered around the original Chun Order that required the State to maintain a database of data from the Alcotest machines.  The data was required to be maintained to insure reliability in the operation of the Alcotest. The defendants asserted that the database lacked integrity because it differs from the manner in which data was previously stored on and available on CD-ROM, was incomplete as to certain types of files and calibration cycles, was presented in a format different from the one noted in the report of the Special Master, and is subject to the third-party software developer's fee.  The Court did not agree and held,  “… concluded that the centralized  statewide database is fully in compliance with this Court's Order of March 17, 2008, in all respects” The court went on to hold, “… that the Alcotest 7110, utilizing Firmware version 3.11, remains scientifically reliable, and generates results that are admissible to prove a  per se violation of the statutory prohibitions on driving while under the influence of alcohol.” With this order, which was issued just eight days after oral argument, the court confirmed the reliability and admissibility of the Alcotest to convict those charged with DWI in New Jersey. The order did limit the admissibility of the Alcotest's readings in one limited circumstance.  The court did hold that the Alcohol Influence Report (AIR)  can not be used to convict women for refusals who are over the age of 60.  Specifically, the order said, “… certain AIR results be inadmissible in prosecutions of women over the age of sixty for violations of the refusal statute, see N.J.S.A. 39:4-50.4a…” Despite this ruling there are many defenses available to those who are charged with Driving While Intoxicated “DWI” in New Jersey.  If you are interested in learning how our legal defense team can help you contact us  or call (856) 546-1350 for a free initial consultation.

About the Author

Richard DeMichele

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.

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