McQuade, 23, has been released pending a court arraignment.

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A landmark case involving New Jersey DWI criminal lawyer Evan Levow has lead to a court ordered audit of the source code for the Alcotest 7110 MKIII-C manufactured by Draeger. In two separate studies, one commissioned by Draeger and another by the defendant, both found that the code does not meet industry standards for software design and that it contains ‘bugs’. The test requested by the manufacturer found no malware but noted excessively complex and poor maintained code. It also located at least one reproducible bug. The test requested by the defendant found 24 major defects, including one that disables safeguard features intended to detect and prevent invalid or corrupt instructions. Concern was raised by the researchers over the discovery that the decimal precision is not consistent throughout the code. The code was found to return arbitrary default values when the test failed and to ignore errors. That increases the potential for inaccurate results and a false arrest for drunk driving.

It is the potential legal, social and financial impact of a conviction for DWI based on the results of a breathalyzer that demand independent verification of the machine’s accuracy and its ability to successfully complete its intended critical task.

The risks are huge for Draeger too as an agreement between the company and the state of New Jersey stipulates the return of nearly $7 million if the state Supreme Court deems the breathalyzers unreliable.

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Weehawken police were alerted to a gray Ferrari 430 that had hit several cars around 6:30 pm. Police managed to pull over the vehicle but as they approached, Sainato sped away, striking a Subaru station wagon in his attempted escape. The Ferrari then struck two more vehicles a few hundred yards away. One of those vehicles, a Chevrolet Impala carrying six people, flipped over and came to a rest on its roof. Finally the Ferrari, which had a value of $262,000 when new, hit a Nissan Maxima, damaging yet another vehicle with flying debris.

Sainato was treated for head trauma at a local medical center. Four of the six people in the Impala were treated for non-life threatening injuries.

The results of tests for blood alcohol content are still pending. Sainato faces several charges, including driving while intoxicated in New Jersey.

Sainato was arrested for making terroristic threats last September 30. On November 23 he was charged again with making terroristic threats and for aggravated assault. He is currently out on $250,000 bail for those charges. Last February, Sainato sideswiped another vehicle and hit a tree, for which he was charged with drunk driving in New Jersey and resisting arrest. In the early 90’s, he spent four year in prison for various crimes, including conspiracy to commit arson. Sainato received four years probation in July 2003 for assault by auto.

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At the heart of the situation is a New Jersey DWI case against Paul Amelio. During an argument with his daughter, Amelio left his house, got in his car and drove off. His daughter called the police and told them her father was drunk. The officer followed Amelio until he returned to his driveway, and then charged him with driving while intoxicated in NJ. Amelio pleaded guilty but then appealed.

Amelio’s defense attorney, Douglas Kinz, said that the police did not have enough information to warrant a traffic stop and initiate an arrest. Historically the courts have ruled that such tips must involve specifics, and in the case of a suspected drunk driver, an estimate of the amount of alcohol someone has consumed. Amelio’s daughter simply said her father was ‘drunk’ and provided no further information. Nor did she witness any erratic driving. Kinz stated that the police who responded to the scene, “lacked a reasonable and articulable suspicion that (Amelio) had violated the law.” It was entirely possible Amelio’s 17-year old daughter may not have known the difference between acting belligerent and being intoxicated, and Kinz raised the question as to whether she was in the same room as her father at the time of the argument.

In the absence of specific information, tips can be viewed as vendettas, using the police as instruments of revenge. Evan Levow, a leading lawyer in New Jersey DWI defense, said the questions being asked by the Supreme Court about procedure in a traffic stop based on a tip “are important…(as they address) when it is permissible to intrude upon the freedoms of all drivers.” Kinz warned that, if the court upholds the traffic stop of Amelio, anyone driving a car will be subject to being stopped on a hunch and a guess.

Both a Superior Court and a panel of judges on the state Appellate Division ruled that Amelio’s New Jersey DWI conviction should not stand. Prosecutors however appealed to the high court.

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Korpita, 48, just recently resigned from his post as judge for the municipal courts in Dover, Rockaway Borough and Victory Gardens because of a New Jersey drunk driving arrest in Roxbury last November. In that incident Korpita was found slumped over the steering wheel of his car after drinking at a local go-go-bar. His blood alcohol content registered nearly three times the legal limit for driving while intoxicated in New Jersey. He reportedly told the arresting officer “I'm a judge, bro” and presented his judicial identification card. He pleaded guilty last December to NJ DWI and threatening the arresting police officers.

There is no indication that Korpita tried to use his former position to influence the police officers in the Sparta incident. He has been charged with driving while intoxicated in New Jersey, failure to keep right, careless driving and refusal to take a breath sample.

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In May 1993, Roe was driving on the wrong side of the road in Rockaway Township when he ran into a minivan driven by Julia Worosila. The head-on crash left Julia and her 15 year-old daughter with serious injuries. Julia’s husband John suffered minor injuries.

Roe registered a blood-alcohol content of 0.17%, well above the legal limit for driving while intoxicated in New Jersey. While convicted of a New Jersey DWI, as part of a plea agreement he entered drug and alcohol counseling and avoided the serious crime of assault by auto. His license was suspended for six months and he paid court fines.

MADD has appealed to New Jersey Governor Corzine, asking him to block the legislation. Corzine’s office has said that the governor did not know about the NJ DWI accident when he signed the bill last month. In order to null the measure, another bill would have to be introduced to the state legislature. The original author of the bill has not replied to inquiries.

Congressman Roe declined comment through his attorney. John Worosila said Roe, “caused a nightmare for us”. He went on to say that lawmakers should be more concerned about maintaining the state roadways and think twice before assigning name rights.

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Law enforcement officers across the state enter the information into a database that helps them identify places that may be serving alcohol to those who are intoxicated. Because it is against the law to serve or sell alcohol to someone who is drunk, the state’s Division of Alcoholic Beverage Control could levy a fine and suspend or even revoke an establishment’s liquor license.

While supporting efforts to reduce drunk driving, the New Jersey Restaurant Association points out that there is little way of verifying the statements of DUI offenders. There are those who could simply lie, and unfairly hurt a restaurant or bar.

The bar identification question will be a part of the statewide police crackdown on drunk driving over the Labor Day holiday.