Legal Question in DUI Law in New Jersey

Re: alcotest. state vs chun

Do you have an attorney? They will not throw the case out but you have a great shot to win it. Thus, you should talk to an attorney.

Re: alcotest. state vs chun

The Supreme Court did not adopt one of the recommendations of the special master that would have reduced all Alcotest breath readings by 6.85%. The Alcotest is programmed to assume all breath temperatures (the air blowing into the tube) are 34 degrees. However, for people whose breath temperature is higher (than 34), breath readings can be arguably elevated. The manufacturer of the Alcotest makes a breath temperature sensor (an attachment to the Alcotest) that can adjust for the subject�s breath temperature. However, New Jersey elected not use the attachment. Nonetheless, the Supreme Court reasoned, on a number of fronts that the Alcotest adequately accounts for and protects against, an elevated breath temperature. This means that Alcotest readings are not discounted automatically as recommended by the special master Judge King. However, there may be other more tailored challenges to your .08% reading(s) based on the Court�s opinion.

Greggory M. Marootian, Esq.

Livingston, NJ

www.njdwidefense.com