Breaking news for nearly 21, 000 individuals who were asked to provide a breath sample and were subsequently charged with DWI. Criminal allegations against a New Jersey State Police Sergeant have raised concerns regarding results gained from Alcotest machines. Alcotest instruments are commonly referred to as breathalyzers, and are a means of measuring blood alcohol concentration (BAC).
According to a local news report, the police sergeant was a Coordinator of the State Police Alcohol Drug Testing Unit. The formal charges brought against him were third degree tampering with public records and fourth degree falsifying or tampering with records. The State claims that the officer intentionally failed to follow proper protocol regarding calibration of the Alcotest equipment. In addition, the police sergeant then wrongfully certified that he had complied with the necessary procedures.
Since Alcotest testing results are used as evidence in DWI matters, these allegations may change the outcome of some cases. It is important to seek the services of an experienced DWI attorney to see if this news might be relevant to charges brought against you.
More about the Alcotest and the Latest Allegations
Alcotests are routinely used when there is a suspicion of drunk driving. Notwithstanding, state, county and local law enforcement officials must follow certain procedures when it comes to calibration of the equipment. This includes use of a specified digital thermometer to ensure the liquid stimulator solutions are within the accepted temperature ranges. It is purported that the state police sergeant bypassed this requisite step. He allegedly didn’t make note of his oversight when he certified the equipment was calibrated.
Without question, many people accused of drunk driving will be impacted by this revelation. Those accused of drunk driving in Middlesex, Monmouth, Ocean, Somerset and Union counties should pay particular attention. The State Police sergeant calibrated Alcotest machines in these counties.
Even without the current allegations and this disclosure, breathalyzer results have been called into question. The State of New Jersey maintains an inquiry system regarding Alcotest data. Our office consults this site as a matter of course in defense of our DWI clients.
There are strict guidelines when it comes to admission of Alcotest testing results. It is incumbent upon law enforcement to prove the equipment was working properly. This may be done by requiring documentation regarding maintenance, repair and calibration.
Contact Us
Could your DWI case be impacted by the recent criminal accusations against the state police sergeant? If so, your name has been added to a specified list. The State has requested that the Supreme Court appoint a Special Master to hear all litigation specifically related to these issues.
At the Law Offices of Beninato & Matrafaljo, we have extensive experience working with those accused of driving while under the influence. We have challenged Alcotest results for other reasons and will investigate if this new development could help your defense. Contact us for a complimentary meeting to discuss your case.
