Conditions on using an Alcotest in NJ


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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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