After market thermometer is permissible!

On December 20, 2011 the New Jersey Appellate Division in State of New Jersey v. Nicole Holland addressed the issue on whether blood alcohol concentration results derived from an Alcotest 7110 MKIII-C breath-testing device are admissible against defendants in driving while intoxicated (DWI) prosecutions when the device has been calibrated with a Control Company, Inc. digital thermometer, instead of the Ertco-Hart digital thermometer.

The Appellate Division opined that the aftermarket thermometer (which is approximately $1,600.00 cheaper) was just fine, as opposed, to the manufacter’s recommended thermometer. In other words, New Jersey police can purchase a cheaper thermometer that will be used to test the three separate simulator solutions when calibrating the breath test machine.

The opinion authored by the New Jersey Appellate Division in State v. Holland is worth reading in it’s entirety because it provides a well written explanation on what a person has to do in calibrating the Alcotest. The practicality is a good understanding of the calibration procedure will aid in the defense of a DWI/DUI.

If you have additional questions or concerns give Dan T. Matrafajlo a call to discuss your particular DWI case.

Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers’ Rising Star list for the past five years, Matrafajlo’s litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

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