The New Jersey statute defining the motor vehicle offense of driving while intoxicated (DWI) gives prosecutors several options for proving a defendant’s guilt. They can introduce evidence of blood alcohol content (BAC) above the “legal limit” established by law, and they can also introduce other evidence to show that a driver…
Articles Posted in Alcotest
New Jersey Attorney General Seeks to Revise Alcotest Calibration Procedures Established in State v. Chun
Police departments throughout New Jersey use the Alcotest 7110 MKIII-c device to conduct breath tests on individuals suspected of driving while intoxicated (DWI) in order to determine a person’s blood alcohol content (BAC). Accuracy is critical for these devices, since state law imposes penalties based almost entirely on BAC. State law…
Accuracy of Alcotest Devices in New Jersey DWI Cases Questioned in Lawsuit
New Jersey prosecutors often rely on evidence of a defendant’s blood alcohol concentration (BAC) to prove guilt in driving while intoxicated (DWI) cases. Police officers typically determine a person’s BAC by testing a breath sample. All police departments in this state use a device known as the Alcotest for this…
Courts Address the Forcible Collection of Samples for Chemical Testing in DWI Cases
In order to prove impairment in a driving while intoxicated (DWI) case, New Jersey prosecutors can present the arresting officer’s testimony about their observations of a defendant and the result of chemical testing that shows a defendant’s blood alcohol content (BAC) shortly after their arrest. Since DWI statutes in all…
Defendant in New Jersey DWI Case Challenges Admissibility of Alcotest Results, Claiming Spoliation of Evidence
The state has the burden of proving that a defendant is guilty of an alleged criminal or motor vehicle offense beyond a reasonable doubt. The New Jersey court system has rules governing the admissibility of evidence, and a defendant may object to certain evidence for a wide range of reasons. In…
Defendant in DWI Case Has Burden of Proving Inability to Provide Breath Sample, According to New Jersey Court
New Jersey’s driving while intoxicated (DWI) law places a great deal of emphasis on a defendant’s blood alcohol concentration (BAC). Police can determine a DWI suspect’s BAC by testing a sample of breath, blood, or urine. Breath testing is the most common method, and New Jersey’s implied consent law makes…
Alcotest Documentation Was Sufficient in DWI Case, New Jersey Appellate Court Rules
In any court proceeding in which the state seeks to impose penalties on a person for an alleged violation of the law, the defendant has the right to obtain evidence used by the state in the case. The process of obtaining evidence from opposing parties is known as “discovery” in…
New Jersey Supreme Court Reverses DWI Conviction Due to Insufficient Alcotest Documentation
When prosecutors in New Jersey pursue a case of alleged driving while intoxicated (DWI), they frequently rely on evidence of a defendant’s blood alcohol content (BAC) obtained through breath or blood testing. Anyone with a BAC of 0.08 percent or above is presumed to be impaired for the purpose of…
New Jersey Appellate Court Rules on Question of Police Duties Under State v. Chun
Law enforcement agencies in New Jersey use a device known as the Alcotest to determine the blood alcohol content (BAC) of individuals suspected of driving while intoxicated (DWI). A 2008 decision by the New Jersey Supreme Court in which we represented several parties, State v. Chun, determined that the Alcotest…
Defendant in New Jersey DWI Case Raises “Double Jeopardy” Claim During Appeal
The Fifth Amendment to the U.S. Constitution states that a person may not, “for the same offense…be twice put in jeopardy of life or limb.” This is known as the “double jeopardy” clause of the Constitution. Courts have interpreted it to mean—in a very general sense—that the government cannot charge…