ALCOTEST DEVICE
Generally the Alcotest 7100 device is used in most cases as the New Jersey courts have ruled that this device is scientifically reliable for measuring blood alcohol concentration (BAC) to determine if the operator of the motor vehicle is driving while intoxicated. The state has the burden to show the following: a) The operator of the Alcotest device has proper current certifications to operate the device, b) The Alcotest device was in working condition as evidenced by proper calibration certificates and certificates of analyses, c) The operator conducted the tests correctly as shown by the alcohol influence report generated by the Alcotest device, d) The tests were done within a reasonable period of time after the arrest and e) The results of the Alcotest tests are within acceptable ranges of tolerance.
Various documents must be provided by the state to the defendant before trial as mandated by the landmark case of State v. Chun, 194 NJ 54 (2008) . The state must provide these documents and others in “discovery” to the defendant' s lawyer including but not limited to repair documentation and data downloads from the Alcotest device.
A good defense attorney will usually recommend that the client hire an expert witness to review the discovery provided by the state to determine if there are deficiencies with some of the documentation and to determine if there are particular defenses to the charges.
Attorney Steven D. Rothblatt has the expertise, knowledge, and experience to help you and defend you if charged with any type of DWI offense in municipal court.
