State v.Chun, et al.

Supplemental briefing schedule

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Source Code Litigation is the “next big thing” in DWI practice. New Jersey was the last to get rid of the antiquated Draeger-Smith & Wesson Breathalyzer®, replacing it with a computer-chip based machine, the Draeger Alcotest MKIII-C®. Like the Intoxilyzer®, Intoximeter®, and DataMaster machines, the Alcotest will not function without the computer chip in the machine, and the question of the source code litigation is if this computer chip and the code it uses, do just what it professes to do: i.e., accurately and reliably test a subject’s breath for alcohol?

So far, the litigation in State v. Chun, New Jersey Supreme Court Docket No. 58,879, has lasted almost three years, having produced over 10,000 pages in testimony, almost 300 exhibits. This is the latest from the Supreme Court. Stay tuned for more info on this HOT DUI topic.

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Reference Info:State, 3rd Circuit, New Jersey | United States


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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