Failure to Check Box Not Grounds to Void Breath Test – State v. White (UNP)

In the UNPUBLISHED Appellate Division decision of State v. White, released earlier today, the defendant sought to bar the results of his breath test on the ground that the State had not proved the examining officer followed the proper procedures. In effect, the defendant’s argument was based upon the examining officer’s failure to check off box 14 during the administration of the second breath test.

The entirely predictable outcome to this argument is set forth in the opinion, together with a good review of the NJAC requirements for proper administration of breath tests using a breathalyzer.

Download a copy of State v. White, an UNPUBLISHED opinion.

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