Alcotest Recalibration Ordered by New Jersey Courts
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. Therefore, all Alcotest tests that were administered before the Chun ruling are subject to the annual recalibration requirement, while all Alcotest tests that were administered after the Chun ruling are subject to the semiannual recalibration requirement. The Appellate Court reasoned that had the Supreme Court intended to apply the semiannual recalibration requirement to cases that were being held pending the Chun decision, it would have specifically addressed this issue in the Chun opinion. And this issue was not addressed.
If you have been charged with driving while under the influence of alcohol charges in the state of New Jersey, there are many defenses that you can use in an attempt to overcome this serious charge. Often, a successful defense will lead to a complete dismissal of the charge. Sometimes the charge will not be dismissed outright, but can be lessened in severity. The dui attorneys at the firm of Lependorf & Silverstein have experience in defending dui charges. We can assess your charges, review the evidence the state has against you, and help you fight these serious charges.
A dui charge in the state of New Jersey can lead to a loss of license and perhaps even jail time. If you have been charged with a dui in New Jersey, contact an attorney at the law firm of Lependorf & Silverstein today to discuss your rights and potential defenses
