Legal Question in DUI Law in New Jersey
Chun Ruling
I received a DWI (first offense) w/ a BAC of 0.10 in 5/06. My case was ''stayed'' and I am to appear in court on May 15. I'm trying to get my charge reduced to 3 months rather than the 7 months loss of license. My attorney told me that the Chun decision will have no bearing on my case! Is this true?? Please Help
4 Answers from Attorneys
Re: Chun Ruling
I agree with Mr. Moore. Go for it! I suggest you fight this. I'm not far from you, so feel free to call me at 732/247/3340.
Re: Chun Ruling
If you were not tested using the Alcotest 7110
Chun has nothing to do with your case, BUT, as a first offender and a reading of .10 a three month driving suspension is definitely doable.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Chun Ruling
If you were not tested using the Alcotest 7110
Chun has nothing to do with your case, BUT, as a first offender and a reading of .10 a three month driving suspension is definitely doable.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Chun Ruling
The Chun Court declined to adopt one recommendation of the Special Master that all Alcotest readings be reduced by 6.58% because the NJ Alcotest does not have a breath-temperature sensor. The position was that a subject�s breath temperature could affect readings � possibly to a subject�s detriment if his breath temperature was elevated. However, there are still tolerance issues on low .10% BAC cases that survive Chun, and there are other defense challenges (outside of the 6.58 reduction issue that was not adopted). One has to look and read the discovery and Chun carefully � but the fact that the 6.58% reduction recommendation was not adopted does not in itself spell no defenses to .10% BAC cases or higher BAC cases for that matter.
Greggory M. Marootian, Esq.
Livingston, NJ
www.njdwidefense.com
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