dwi in new jersey the alcotest & state v. chun
DESCRIPTION
Joel Silberman, a Criminal Defense Attorney who practices in Jersey City, Manhattan and Newark, details salient points of the Supreme Court ruling on“Alcotest” in State v. Chun case. Contact Joel Silberman at 201-273-7070 and visit: http://www.joelsilbermanlaw.com/ for more information.TRANSCRIPT
DWI in New Jersey
The Alcotest & State v. ChunDisclaimer:The information contained herein is not legal advice and does not create an attorney-client relationship. The information contained herein is solely for informational purposes. www.joelsilbermanlaw.com
Phone: 201-420-1913Toll Free: 888-965-8882
Joel Silberman, a Criminal Defense Attorney who practices in Jersey City, Manhattan and Newark, details salient points of the Supreme
Court ruling on“Alcotest” in State v. Chun case.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
State v. Chun
• In 2008, the Supreme Court of New Jersey issued its opinion in State v. Chun 194 N.J. 54 (2008) finding that the Draeger Alcotest 7110 MKIII-C (“Alcotest”) breath-testing device using software version 3.11 was reliable for admission in all New Jersey courts.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Importance in a DWI case
• The Court, however, did not give the State free reign in prosecuting DWI cases with the Alcotest. Rather, the Court found that the Alcotest’s results should only be deemed reliable if a number of very specific conditions were met.
DWI in New Jersey
The Alcotest & State v. Chun
Disclaimer:The tips in this presentation are general in nature. Please use your discretion while following them. www.joelsilbermanlaw.com
Phone: 201-420-1913Toll Free: 888-965-8882
20-Minute Observation Period
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
20-Minute Observation Period
• The Court specifically found that the officer operating the Alcotest is required to observe the alleged violator for twenty-minutes before administering the test to ensure that the alleged violator does not jeopardize the test in any way.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
20-Minute Observation Period
• Analyzing the “20-Minute Observation Period” is a critical part of defending any DWI case for any New Jersey Criminal Defense Attorney.
• There are a number of technical ways the police officer administering the Alcotest can violate the “20-Minute Observation Period.”
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
20-Minute Observation Period
• A trained and experienced New Jersey Criminal Defense Attorney should always analyze the whether the police violated the requirements associated with the “20-Minute Observation Period.”
DWI in New Jersey
The Alcotest & State v. Chun
Disclaimer:The tips in this presentation are general in nature. Please use your discretion while following them. www.joelsilbermanlaw.com
Phone: 201-420-1913Toll Free: 888-965-8882
The Court also imposed requirements regarding preparing the testing area and instructing the
alleged violator.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Requirements regarding preparing the testing area and instructing the alleged violator
• First, the police officer administering the Alcotest is required to attach a new mouthpiece to the machine and remove all cell phones and electrical devices from the testing area.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Requirements regarding preparing the testing area and instructing the alleged violator
• Next, the police officer is required to instruct the alleged violator as follows: “I want you to take a deep breath and blow into the mouthpiece with one long continuous breath. Continue to blow until I tell you to stop. Do you understand these instructions?”
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Requirements regarding preparing the testing area and instructing the alleged violator
• Analyzing the instructions that the police gave before administering the Alcotest is a critical element for any Criminal Defense Attorney in New Jersey who is defending a DWI case.
DWI in New Jersey
The Alcotest & State v. Chun
Disclaimer:The tips in this presentation are general in nature. Please use your discretion while following them. www.joelsilbermanlaw.com
Phone: 201-420-1913Toll Free: 888-965-8882
In addition to requirements mentioned earlier, the Court touched on a number of other technical
requirements.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Other technical requirements in a DWI Case
• These include opinions about the Alcohol Influence Report, Error Messages, Breath Volume, Breath Temperature, Tolerance and Machine Calibration and Repair Records.
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Do you need an attorney
• Given the extreme consequences that come with a DWI conviction and the complexity and technical nature of the Alcotest it is critical that a trained and experienced New Jersey Criminal Defense Attorney analyze all the results and evidence in every DWI case
DWI in New Jersey – The Alcotest & State v. Chun
www.joelsilbermanlaw.comPhone: 201-420-1913Toll Free: 888-965-8882
Disclaimer
• The information contained herein is not legal advice and does not create an attorney-client relationship. The information contained herein is solely for informational purposes.