There are very few people in the state who wouldn’t acknowledge that despite the ruling, this machine and this program remain questionable. It’s disturbing.
(PRWEB) October 29, 2013
Despite software flaws that have gone uncorrected for five years, the state Supreme Court ruled that police officers can continue using Alcotest devices on drunken-driving suspects in New Jersey, reported Philly.com (9.19.13). The ruling angered defense lawyers who defend DUI cases, including Evan Levow, the senior and managing partner of Levow & Associates, P.A.
“There are very few people in the state who wouldn’t acknowledge that despite the ruling, this machine and this program remain questionable. It’s disturbing,” said Levow.
Levow was one of two defense lawyers who had filed a recent motion in the New Jersey Supreme Court (State v. Chun, docket number 72,341) to declare the current breath testing machine unfit for use in New Jersey. The state had failed to make any of the nine software changes ordered by the court in the original Chun litigation from March 2008. The state also continued to post an unsearchable collection of incomplete data from Alcotest breath testing machines on the state website (State v. Chun, docket number 72,341).
Evan Levow, Matthew Reisig and other council challenged the validity of the Alcotest 7110 MK III-C readings five years earlier in the Supreme Court case of State v. Chun 194 N.J. 54 (2008). In the 2008 case of State v. Chun, the Supreme Court of New Jersey concluded that the Alcotest breath testing device was generally scientifically reliable for admission in all New Jersey courts. The Court also set forth certain safeguards regarding the testing that included the software changes and the provision of a searchable, centralized data base of Alcotest results that defense lawyers could easily analyze. The data base would provide lawyers the opportunity to look for data in search of anomalies that might indicate inaccurate readings, which could in turn help appropriately defend against machine error.
In the court reversal (Supreme Court of New Jersey M-1538/1539/1540), Justice Helen Hoens wrote for the majority that the Alcotest machine should continue to be used because "the state has demonstrated that in spite of its best efforts to do so, it does not have the ability to comply."
"It's disgraceful,” said Levow to Philly.com. “The state emasculated the court by ignoring a 5-year-old order and the court ratified the state's actions.”
“A driver may be unjustly convicted based on Alcotest readings. Drivers charged with DWI should hire a lawyer that understands the Alcotest’s pitfalls and has the know-how and background to challenge this machine,” said Levow, a DWI / DUI lawyer committed to defending the rights of drivers who have been charged with DUI/DWI.
A typical Alcotest exam is administered soon after a driver suspected of driving under the influence of alcohol or narcotics is pulled over. After the suspect has been arrested, he or she will be taken to a nearby police station and asked to give a breath sample that will be analyzed by the Alcotest machine. (Philly.com)
Lawyers at Levow & Associates have been trained to analyze all the results and evidence in every DWI case and use that information to help defend clients. Contact Levow & Associates for a free consultation regarding your matter.
About Evan Levow and Levow & Associates, P.A.
New Jersey DWI Lawyer Evan Levow is the managing partner of Levow & Associates and a nationally recognized DWI attorney. Levow represented the lead defendant in the most important DWI case in New Jersey history, State v. Chun. Mr. Levow was recognized by the National College for DUI Defense for the role he played in shaping DWI defense in NJ and nationwide. View the New Jersey DWI Lawyer video here: http://www.youtube.com/watch?v=LcZYi13pUq8
Levow uses his unique knowledge of field sobriety testing and breath-testing machines to help defend his clients. He has lectured to other attorneys, judges and law enforcement throughout the country on theories of DWI defense and prosecution. Mr. Levow’s practice is 100% dedicated to DWI / DUI defense. He can be contacted at:
Evan M. Levow
Levow & Associates
Cherry Hill Plaza Suite 200
1415 Route 70 East
Cherry Hill, NJ 08034
Phone: 877-735-2288 | (856) 428-5055