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Alcotest Recalibration Ordered by New Jersey Courts

By Lependorf & Silverstein

On March 17, 2008 the New Jersey Supreme Court ruled in a case entitled State v. Chun. This long awaited ruling addresses many issues related to driving while under the influence of alcohol charges in the state of New Jersey. Specifically, the case addressed the reliability of the Alcotest 7110 MKIII-C machine. The Court set certain guidelines that must be followed in order for an Alcotest?s blood alcohol reading to be admissible during a DUI trial. One such guideline involves the recalibration requirements of the Alcotest machine. Prior to Chun, the machines needed to be recalibrated on an annual basis. The Chun ruling now requires recalibration semiannually. A recent New Jersey Appellate Court Panel of Judges ruled that the new recalibration requirement following Chun is to be applied prospectively only...continue to full post

Full post as published by New Jersey Criminal Defense Blog on May 28, 2009 (boomark / email).