Major changes are occurring in the New Jersey dwi world which will profoundly change the impact of how dwi complaints will be defended and resolved throughout the State. Firstly, the State has introduced a new breath test device which is replacing the Alcotest 7110 MKIII-C, which has been used for the last fifteen years to measure drivers’ blood alcohol content in dwi cases. This is critical, since New Jersey law allows intoxication to be determined simply when a driver’s BAC is .08% or higher. The device is now being used in Monmouth County and will eventually be used throughout the State. Before results from this test can be used in evidence, the Supreme Court of New Jersey will be determining whether the results are scientifically reliable. Obviously, results can not and should used in a dwi case unless and until the device has been determined to provide valid information. This process will take some time. In the mean time, drivers should not acknowledge breath test results in their dwi matters until the new device has been fully vetted.
At the same time, our Supreme Court will be considering how tests used by Officers and Troopers in dwi investigations, referred to as Drug Recognition Evaluations, can be used to show whether a driver operated their vehicle while under the influence of a substance other than alcohol. Certainly, with the legalization of Marijuana use in New Jersey, these tests will be especially important as the dwi laws prohibit operation of a motor vehicle when the ability of the driver has been substantially diminished by the consumption of Marijuana or some other substance.
Finally, more courts are consolidating into larger courts and more county courts are being created. Hopefully, this process will continue to evolve so that defendants will be less subject to outside forces in dwi and other cases.
With all of these changes, we will continue to focus on the needs of each client in our effort to help them through the difficult times that come with a dwi charge.
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