Fewer Challenges Available to NJ DUI/DWI
- February 4, 2012
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The NJ Supreme Court has taken another bite out of possible challenges to Alcotest results. Recently the Alcotest machine, now used in DUI testing of breath samples, was challenged on the basis of police officers administering consecutive tests less than 2 minutes apart. The accused argued that the Court’s findings in State v Chun, 194 N.J. 54 (2008), that there was a 2 minute waiting period before officers could administer consecutive breath tests, was due to the fact that the prior breath sample may contaminate the next sample . The Court, in State v. Mukherjee, A-3031-10, held that a 2 minute rule was never established by the Court. NJ Supreme Court Judges held the Alocotest safeguards against contamination because it automatically locks until it recalibrates for the next breath sample in order to prevent operator error.
The Morris County Chief’s Association, Morristown, Teaneck, Newark, Orange, South Orange, Union City, Elmwood Park, Irvington, East Orange, Hopatcong, Parsippany have all set up sobriety checkpoints or publicized programs to crack down on DUI within the last few months. A DUI in Morris, Essex, Bergen, Passaic, Hudson, Sussex or Warren County has serious consequences including significant loss of license, fines and even jail. The primary proof in most DWIs today is the Alcotest result. There are still grounds on which these results may be challenged but they are limited and it typically requires an experienced attorney to successfully challenge them. For more information on DUIs in New Jersey, visit HeatherDarlingLawyer.com.