The New Jersey Supreme Court released its latest order in the State v. Chun case, concluding that the Alcotest remains scientifically reliable to determine intoxication in DWI cases. While this ruling was a win for the State, it can only be perceived as a blow to those charged with drunk driving in New Jersey.
Background Facts
In State v. Chun, the defendant sought in part to bar the State’s use of the Alcotest in prosecuting DWI cases. The challenge centered on the requirement for the State to retain a database of information from the Alcotest machines, which was to be maintained for ensuring reliability in properly operating the machine.
The defendant argued that the database was not reliable for various reasons, including its incompleteness as to various types of files and calibration cycles and its subjectivity to third-party software developer’s fee.
The Court’s Ruling
The Court did not agree with the defendant’s argument and ultimately held that the database is in complete compliance with the Court’s earlier Order of March 17, 2008. The Court further ordered that the Alcotest machine remains scientifically reliable while generating results that are admissible to prove a per se violation of the DWI laws and thus convict those charged with a DWI in New Jersey.
However, the order did include a limitation with regard to the admissibility of the Alcotest’s reading in one circumstance. It specifically held that the Alcotest Influence Report (AIR) should not be utilized in convicting woman who are over the age of 60 for violations of the refusal statute.
Contact Us
Despite the current ruling of the New Jersey Supreme Court, there are still viable defenses available if you or someone you know has been charged with a DWI offense in New Jersey. For more information or to schedule a complimentary consultation with New Jersey DWI Lawyer Dan T. Matrafajlo, call 908.248.4404. Dan has substantial experience dealing with the police, prosecutors, and judges. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you.
