Criminal Law News Update for November 27, 2007

New Jersey Criminal Defense Lawyers

A recent article in the New Jersey Law Journal (dated November 19, 2007) was titled "Alcotest Scientifically Reliable, Says Special Master After Second Review". This ruling could have a significant impact on DWI Litigation in New Jersey. A New Jersey Supreme Court fact finder considered software tests and testimony and found that the Alcotest 7110 is scientifically reliable enought to put into use. In a report, Special Master Michael Patrick King said "the Alcotest is scientifically reliable, both as to software and hardware, in reporting alcohol breath testing results for evidentiary purposes." This report will be subject to oral argument before the New Jersey Supreme Court on January 7th in State v. Chun, the case that will determine the admissibility of Alcotest readings in drinking and driving cases. The Alcotest has been in use in 17 counties since early last year, though the Court has stayed the sentencing for these convictions based on Alcotest results. King reasserted his conclusion that the Alcotest is much more reliable than the Breathalyzer test in use since the 1950s. "The Alcotest essentially functions independently of operator influence, unlike the breathalyzer, which is very dependent on the operator and produces no objective and permanent record of test results. The Alcotest is also much more precise."

The next step will be oral argument on January 7th in State v. Chun and we will see how the DWI landscape in New Jersey changes as a result of this upcoming New Jersey Supreme Court decision.