Legal Question in DUI Law in New Jersey

DUI Supreme Court Ruling on the Alcotest

I've read the supreme court opinion

and orders and unfortunately, can

not find anything to get my AIR

suppressed. Found it hard to beleive

the court denied the breath temp

probe and retro 6.58% BAC. The

only thing I see on my situation

is the lact of semiannual calibration.

My reading truncated reading was .

09% BAC. Is there anything else I

might be missing to negociate for a

reduced sentence.i.e., dropped to the

wreckless driving? My psychophysical

testing was not bad, showed enough

on the one leg test and heal-toe to

warrent probable cause. However, I

was wearing 2 1/4 inch healed cow

boy boots. Does anyone have

experience whether challenging the

field sobriety test for probable cause

is worth it if I can't suppress the AIR

at .09% BAC. Of course, without the

AIR, the field sobriety tests would be

critical and burden of proof would

seem to be raised to beyond a

reasonable doubt.

Comments welcome.

2 Answers from Attorneys

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