Muni-mail – Supremes Rule on Alcotest Challenge

[09/18/2013, 12:44 P.M.]  This morning, the Supreme Court of New Jersey issued an Order of the Court resulting in a big win for the State.  Today’s Order concludes that “the Alcotest 7110, utilizing Firmware version 3.11, remains scientifically reliable”.  The Court absolved the State from the obligations at issue in the March 17, 2008 Chun Order.  The Court concluded the defense failed to demonstrate that the State “willfully refused” to comply with the 2008 Order.

The one area where the defense was not denied involves breath test refusals for women over the age of 60.  If the only evidence of refusal for a woman over 60 is the Alcohol Influence Report, the AIR is now inadmissible in the prosecution of a violation of N.J.S.A. 39:4-50.4a.  This issue will continue to play out, as the Court determined “a further remedy is now necessary”.

The Court did not issue an opinion, just an Order of the Court.  After oral argument on September 10, it took the Court eight days to issue the Order (which you will find below), signed by Justice LaVecchia.  Chief Justice Rabner did not sit on the panel.

Click for full PDF of Sept. 18 ORDER – State v. Chun.

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