Chun’s 6-month Alcotest Recalibration Prospective Only – State v. Pollock
In this morning’s Appellate Division opinion in State v. Pollock, the Court held that the Supreme Court’s order in State v. Chun, 194 N.J. 54 (2008) requiring recalibration of Alcotests by the State Police every six months was intended by the Justices to be prospective only. Prior to the publication of Chun last year, State Police procedure included a recalibration of all Alcotest instruments in use in the state on a yearly basis. In Chun, the Supreme Court directed that the recalibration procedure occur every six months. Six-months calibrations are now the current practice by the State Police.
Today’s decision by the Appellate Division is the first time a published decision has interpreted one of the open legal questions raised in the Chun decision. In addition, by its very nature, the decision in Pollock deals with a problem that will eventually disappear simply by the passage of time as the older Alcotest cases that came on line prior to the decision in Chun are resolved in court.
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