DUI
State v. Chun
Defense lawyers take Alcotest challenge to US Supreme Court
Defense attorneys who unsuccessfully challenged the use of a new device to test drunk drivers in New Jersey have taken their fight to the U.S. Supreme Court.
Read more about the three year legal battle in philly.com by Troy Graham.
See why New Jersey DWI Attorney Evan Levow along with other defense attorneys filed a 529-page petition with the high court.
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Chun Petition filed to the Unites States Supreme Court
Chun Petition for Writ of Certiorari.
Click the link to view the 529 page petition filed with United States Supreme Court in June 2008: Chun Petition for Writ of Certiorari
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New Jersey Supreme Court Rules in Favor of Breathtest Equipment
Court says law enforcement can use device during NJ DWI stops.
In a landmark case, affecting tens of thousands of NJ DWI cases, the Supreme Court of New Jersey ruled that new breath test equipment is “sufficiently scientifically” reliable enough to determine whether a motorist is driving while intoxicated.
The ruling focuses on use of the Alcotest 7110, which is used in 17 of the state’s 21 counties to determine blood alcohol content in NJ drunk driving cases. The 7110 replaces the Breathalyzer, which was first developed in 1954.
Challenges to the new equipment were lead by New Jersey DWI defense attorney Evan Levow. At issue was the accuracy of the computerized tester. Levow says the Alcotest 7110 has problems that can violate a driver’s constitutional rights. High breath temperatures could result in false high blood alcohol content readings and the filing of inaccurate charges of driving while intoxicated in New Jersey.
The high court ruling comes after public hearings and two reports that found the Alcotest “much more reliable” than the previous testing equipment. The state said it needs the new device because maintenance parts are not available for the outdated Breathalyzer. The Alcotest was first used in New Jersey seven years ago and the state attorney general began seeking certification of the equipment in 2003. The legal challenge resolved by the recent ruling was started in January 2006.
During the two year review and debate over the accuracy of the Alcotest, 10,708 New Jersey DWI convictions have been on hold. The Supreme Court found breath test evidence gathered from use of the equipment is admissible in court. It says though that police and prosecutors must follow several safeguards. DWI lawyer Levow pointed out that the issue is especially critical because drunk driving cases in New Jersey are heard by judges, not juries, and there is a heavy reliance on breath test results.
New Jersey DWI attorney Evan Levow plans to appeal the case to the U.S. Supreme Court.
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NJ Court Approves DUI Breath Test
NJ Court Approves DUI Breath Test
New Jersey Court Approves DUI Breath Test by Jeffrey Gold, Associated Press Writer, Houston Chronicle, Chron.com, March 17, 2008.
State v. Jane H. Chun, et al. (A-96-06) (PDF Version)
This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized.
If you have been arrested for a DWI in New Jersey, you will need to hire a New Jersey DWI Lawyer.
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