N.J. Supreme Court Rules Dwi Breath Test Scientifically Reliable
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Summary
Evidence collected from the Alcotest 7110 breath testing device is scientifically reliable and its results are admissible in drunk driving cases as long as police and prosecutors follow certain procedural safeguards, the New Jersey Supreme Court has ruled. The Alcotest 7110 replaced the breathalyzer test in New Jersey in January 2005. Defendants charged with drunk driving based on the results of Alcotest breath alcohol concentration (BAC) levels challenged the new device, arguing that it wasn't scientifically reliable.
A retired judge appointed as a special master investigated the device and found it to be scientifically reliable and superior to the breathalyzer. (For a news story on the report, see "Sound science? Report calls newer breath test reliable," Lawyers USA, Dec. 17, 2007. Search words for the Lawyers USA website: Gertner and Alcotest.)See the full content of this document
Extract
N.J. Supreme Court Rules Dwi Breath Test Scientifically Reliable
The defendants appealed, again challenging the device's scientific reliability and source code as well as arguing that admission of the results - which, if the BAC is high enough, constit...
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