Improper to truncate to three places on Alcotest – State v. Rivera

[1/28/10 – 11:17 am] In this morning’s Appellate Division decision captioned State v. Rivera, the Court ruled that it is improper to truncate calculations to three places when attempting to determine if a set of Alcotest readings are within the necessary tolerance as defined in State v. Chun, 194 N.J. 54 (2008). The Court went on to hold that calculations taken to four place is the accepted procedure and that a truncation of three places would result in a falsely increased number of Alcotest readings that would appear to be outside the permissible range.


Download a copy of State v. Rivera.

Share:
  • Print
  • Facebook
  • Twitter
  • LinkedIn

Category: Muni-Mail Archive