Legal Question in DUI Law in New Jersey
Alcotest Date Error
If the date of arrest on the alcotest is incorrect and does not match the rest of the dates on the report which are correct, is that meaningful? I would assume that this might be an operator input error, but then I was also told that it was all automated and that type of information was not manually input. There are other mitigating factors in my case which make it compelling, however I really would just like to get an honest opinion on this one question.
4 Answers from Attorneys
Re: Alcotest Date Error
It could possibly be a fatal error. The machine is supposed to free from that kind of input error since it is all automated, and if it is giving ht wrong date then that could very well mean that the machine is not programmed properly. Under these circumstances I would hire an expert witness to write a report to confirm this. It sounds like you may have a good case based on this alone. I am an attorney who has handled many DWI cases in various courts throughout New Jersey in the past. I would like to discuss your case with you in more detail. Please contact me about this - I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
Re: Alcotest Date Error
I agree with Mr. Aronds, it depends on what my expert says. The Alcotest shouldn't even come into your case as you should file a motion to keep it out per Chun. They could always get you on the observations though, so keep that in mind. You need an attorney that will attack the entire case.
If you already have discovery, I am sure you have an attorney. If that is the case, I am worried that you are still asking questions.
Re: Alcotest Date Error
As you have been advised the Alcotest
machine is completely self-contained
and maintained. The machine maintains the date and time of the test. The wrong test date probably reflects some sort of tampering with the machine.
I had a case where the officer admitted that he had changed the date because the machine's time had not been changed to allow for day light saving time and that as a consequence the machine would not function because the machine requires a twenty minute period of observation of a suspect by the officer and daylight savings time made the time on the machine wrong. In that case it developed that the Attorney General's Office had developed a solution to the problem which did not involve changing the date on the machine.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Alcotest Date Error
As you have been advised the Alcotest
machine is completely self-contained
and maintained. The machine maintains the date and time of the test. The wrong test date probably reflects some sort of tampering with the machine.
I had a case where the officer admitted that he had changed the date because the machine's time had not been changed to allow for day light saving time and that as a consequence the machine would not function because the machine requires a twenty minute period of observation of a suspect by the officer and daylight savings time made the time on the machine wrong. In that case it developed that the Attorney General's Office had developed a solution to the problem which did not involve changing the date on the machine.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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