Legal Question in DUI Law in New Jersey

What is a ''Valid Test''

The Alcotest 7110 MkIII - C is programmed to have a 2 minute between breath tests. The first breath test did not meet the minimum volume required (error code) The next two tests did indicating a 0.14 BAC. The time stamp on the report is only one minute between the first test and the second test. The instrument did not lock out for the first and second test. Do we have grouns for dismissal?


Asked on 12/03/08, 7:28 pm

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: What is a ''Valid Test''

You sound like an attorney. If you are not one, I am sure you have one. You should hire DWI consultants. I use them for every case. Contact me and I'll give you the number.

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Answered on 12/03/08, 10:21 pm
Gary Moore Gary Moore Attorney At Law

Re: What is a ''Valid Test''

The breath test is one of two bases for a finding of drunk driving. The other is observations of the defendant, which is more prone to attack by a defendant. What we have

is a defense at trial.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/04/08, 2:46 am


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