Supreme Court Permits Stay in DWI Sentences/Reliability Hearings – State v. Chun

Today, the New Jersey Supreme Court issued a supplemental order in connection with the State v. Chun litigation related to the scientific reliability of the Alcotest 7110.

The Order permits municipal court judges to stay the imposition of a DWI sentence for a first offender or of a subsequent offender when the sole evidence of guilt comes from an alcotest breath sample.

The Order also stays reliability hearings in municipal court related to the Alcotest 7110 until the disposition of State v. Chun.

Moreover, under the Order, defendants may enter conditional pleas of guilty, a procedure that will enable them to seek relief in the future should the Court decide that the Alcotest 7110 is not scientifically reliable.

Download a copy The Court’s supplemental Order

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