On St. Patrick’s Day 2008, the New Jersey Supreme Court issued its opinion in State v. Chun, drawing to a close over six
years of litigation regarding whether the Draeger Alcotest 7110 MKIII-C breathtesting device using software version NJ 3.11 was reliable for any evidential use in New Jersey courts. The Court upheld most, but not all, of the findings and conclusions of its special master, the Hon. Michael Patrick King, P.J.A.D. ret., who had presided over remand proceedings in the matter for approximately two years. The Court found the Alcotest was reliable, but only on very extensive and specific conditions. These conditions have been the subject of continued litigation in the trial courts, and are now making their way up the appellate ladder. This article reviews Chun in detail and the case law
since it was decided, as well as provide some history and a few
back stories to round out the picture.
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