DUI Defendants: Waiting on the New Jersey Alcotest Machine?

Defense attorneys who are working on testing and checking the new NJ Alcotest machine for accuracy in the NJ Supreme Court have set forth an estimated timetable for the remainder of the hearings before the NJ Supreme Court.

Currently, there are many thousands of NJ DUI cases on hold waiting for the NJ Supreme Court to either approve the use of the new NJ Alcotest or approve the NJ Alcotest with certain modifications. It appears that the NJ Alcotest machine will be approved with some kind of modification. Either way, it will still be more accurate than the 1950’s technology of the NJ Breathalyzer machine.

The timetable for State v. Chun, the NJ DUI Alcotest case, will depend on whether the NJ Supreme Court wants to hear more testimony from experts.

If there are no testimonial hearings of experts:

5/22/07 Amended Remand Order
5/30/07 Source Codes due to respective software houses
8/28/07 Software Houses’ reports due to Special Master of NJ Supreme Court
9/11/07 Special Master’s report due to Supreme Court

If there are testimonial hearings of experts:

5/22/07 Amended Remand Order
5/30/07 Source Codes due to respective software houses
8/28/07 Software Houses’ reports due to Special Master
10/12/07 Testimonial hearings to be completed
10/26/07 Special Master’s report due to Supreme Court

It appears that we will not have a decision about whether the new NJ Alcotest machine will be approved until the end of 2007. For now, NJ DUI defendants must sit and wait until the final decision has been handed down from the NJ Supreme Court.

The author of this Law Blog, Michael L. Saile, Jr., Esq. of Cordisco & Saile LLC, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia. We are located just outside of Philadelphia in lower Bucks County.