Alcotest Operator must observe for 20 minutes – State v. Nucifora

While we are all waiting for a clarifying, published decision from the Appellate Division on the 20-minute observation period discussed by the Supreme Court in State v. Chun, 194 N.J. 54 (2008), the Law Division judges have been considering the issue in the context of municipal appeals. One recent such appeal, captioned State v. Nucifora was decided in Camden County back on December 30, 2008. This UNPUBLISHED letter opinion stands for the proposition that it is the operator of the Alcotest who must personally observe the test subject for 20-minutes before administering the test.

Download a copy of the UNPUBLISHED decision in State v. Nucifora.

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