Breath Test.. I Would Prefer Not To

False Certifications of Alcotest Devices Under Review

A number of prior clients have recently contacted our office after receiving letters from the County Prosecutor’s office. These letters informed them that a New Jersey State Trooper from the Alcohol Drug Test Unit, had been suspended from the State Police and criminally indicted for falsely certifying that Alcotest breath test devices he had inspected, were found to be in proper working order. The problem arose when it was discovered that the Trooper had omitted one of the steps required by the New Jersey Supreme Court in State v Chun to insure the device’s proper operating condition.

As a result of these circumstances, the Supreme Court has appointed a Judge to determine if the procedure followed by the Trooper would affect the ability of the Alcotest to provide accurate and reliable breath test results. Obviously, a determination that breath test results were unreliable, could affect the status of prior guilty pleas, fines paid, existing suspensions and enhanced penalty status. A hearing is now being conducted to make this determination.

This review only involves inspections done by the Trooper between January 1, 2008 and June 30, 2016. We will keep our clients advised as to the outcome of the hearing and the ruling ultimately made by the New Jersey Supreme Court.

Blog Post by Peter Lederman

Peter Lederman is an experienced DWI attorney and has a passion for getting help for people with alcohol issues. Punishment for DWI convictions are inevitable but assistance and support towards recovery should be addressed.