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April 6, 2007, AP. New Jersey Supreme Court
Hears Appeal On Validity of Alcotest Breathalyzer
A breath
testing instrument used in thousands of drunken driving
cases is under scrutiny as the New Jersey Supreme Court
considers an appeal challenging whether the machine
provides reliable blood-alcohol level readings.
The court's
decision will affect at least 10,000 cases that have
been hung up over questions about the reliability of the
Alcotest 7110 - the successor to the Breathalyzer and
used in 17 of New Jersey's 21 counties. Several other
states including Alabama, New York and Massachusetts
also use the Alcotest, manufactured by Draeger Safety
Diagnostics.
Defense
lawyers challenging the use of the machine argue that it
can produce erroneous readings. In February 2007,
retired Judge Michael Patrick King, a special master
appointed by the New Jersey Supreme Court, concluded the
Alcotest 7110 is generally reliable but not perfect, and
that it should only be used with some adjustments and
discretion. The special master suggested that judges
consider other evidence in cases where the Alcotest
readings are close to the threshold, such as the way a
defendant walked and talked at the time the test was
given.
The special
master also said that until the Alcotest machines are
outfitted with breath temperature sensors, all the
readings should be reduced. Higher breath temperatures
give higher blood-alcohol readings, King concluded in
his report.
An
attorney arguing the case for
the State, said it would cost $1,300 more to purchase a
new machine with a sensor and $1,600 per machine to
retrofit existing ones. The reliability of the new
machines is especially important in New Jersey because
judges are given little leeway in ruling in drunken
driving cases if a driver is determined to have a
blood-alcohol level above .08.
An attorney
who spoke on behalf of Criminal Defense Lawyers of New
Jersey said the ruling "will have an impact throughout
the country because Draeger will try to sell this
machine saying that New Jersey thoroughly vetted it and
found it reliable."
The New
Jersey Supreme Court is considering whether the machine
is scientifically reliable for establishing
blood-alcohol levels in prosecutions, as the state
contends. There was no indication when the Court would
issue its ruling.
© Copyright 2007 Associated Press.
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