On 18th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.
Alcohol breath test which was suspended in 2006 came back into scene in 2008. Once again this time, the question over its reliability has been raised. But on 18th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.
In 2006, use of Alcotest was halted, but a 2008 Supreme Court decision called the test “generally scientifically reliable” and allowed it to be used, with some modifications.
This time defense lawyers claimed that the state didn’t comply with the 2008 order to revise the software on the machines and to create a searchable database of test results.
On 18th September, Justice Jaynee LaVecchia wrote that Alcotest “remains scientifically reliable, and generates results that are admissible” to prove a driving-under-the-influence-
of-alcohol violation. The challengers were not able to prove that the state “willfully refused to comply” with the court’s 2008 order.
Order passed in 2008 mandated several software modifications and required the state to create a database which could be accessed by defendants and attorneys. According to defense lawyers the database which state created was merely a collection of data that couldn’t be easily searched, but the court said that the database was “fully in compliance” with the order.
Deputy Attorney General Robyn Mitchell also told the justices that New Jersey has already started looking into a new breath test and as it would take some time to sync up with the current database, by the end of 2016 the current machines will get replaced with the new ones.
DUI Defense attorney Jersey City, Joel Silberman says, “New Jersey has extremely tough laws for Driving under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take an alcohol breath Test. By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating effect on a person’s career and family responsibilities.” (Ref: The Law Office of Jole Silberman, LLC,http://www.joelsilbermanlaw.
Another required modification from the 2008 order pertained to women over age 60, who frequently aren’t capable of reaching the minimum breath volume of 1.5 liters. No woman over 60 can now be charged with refusing a breath test if Alcotest readings are the only evidence.
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Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at email@example.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visithttp://www.joelsilbermanlaw.
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