In NJ there is a new challenge to the Alcotest awaiting appeal. Evidence shows the Alcotest device, used to determine blood alcohol content for DUI suspects, routinely records breath samples of up to 25 seconds in length being provided yet most people are capable of providing only about a 6-8 second sample. This new information is being used to call into question the reliability of the purportedly self-calibrating machine. In the event the machine is in fact self-calibrating, this faulty sample time calls into question other indicia determined in State v. Chun to be scientifically reliable and therefore admissable as evidence of DUI.
Should the Alcotest be deemed unreliable the multitude of guilty pleas and verdicts for DUI based predominately on the Alcotest results are subject to review.
For more information on DUI or other NJ Municipal Court matters visit HeatherDarlingLawyer.com.
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