App. Div. Denies State’s Appeal in Alcotest Case – State v. Chun

State v. Chun is the Alcotest 7110 case now pending in Middlesex County where there has been a defense demand that the prosecution demonstrate that the instrument is a scientifically reliable mechanism for accurately measuring blood alcohol content in human beings. Previously, the Office of the Attorney general had sought relief on an interlocutory basis in the Appellate Division from various orders entered by the trial court. In an order filed this morning, the Appellate Division granted the State’s motion to hear the interlocutory appeal, and then summarily denied all the relief sought by the State. The stay of all alcotest prosecutions in Middlesex County, per the order of the trial judge, was not part of the appeal and thus continues.

Download a copy of this morning’s order

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