DUI Defendants loss An Opportunity To Escape Guilt in NJ
- January 7, 2013
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The main evidence used against drivers accused of driving under the influence is the Alcotest result. The Alcotest accuracy depends on multiple factors including calibration of the machine and various components thereof. It also depends on multiple other factors which the 20 minute observation period and removal of radios and cell phones from the room are designed to compensate for. The New Jersey Court recently held that defendants are not permitted to examine the rooms in which the machine is housed or the observation period occurs unless they have “a particularized” reasonable basis to believe the room’s design or location had an actual bearing on their testing results. Although the Appellate Court ruled against the inspections because they found the Alcotest had been proven to be “well-shielded from” potential interference in prior matters the legislature called for a 20 minute observation period prior to administration of the Alcotest as well as including the requirement that all radios and cellular devices be removed from the room. The differing opinions of the legislature and judiciary in this matter leave this issue ripe for further dispute. DUI/DWI in NJ is not taken lightly in any case and can have significant implications in related matters such later personal injury or vehicular manslaughter charges. If you are charged with DUI in NJ you should seek an experienced attorney immediately to protect your rights. For more information on Driving While Intoxicated, reckless driving or other serious municipal court/traffic matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.