(PRWEB) October 31, 2013
Attorney Evan Levow, the founder of Levow & Associates law firm, joined a group of other defense lawyers at the New Jersey Supreme Court to argue for the immediate discontinuation of the Alcotest breath test. Usage of the breath test in New Jersey drunken driving cases has been controversial ever since the device failed to meet the standards set by the New Jersey Supreme Court in 2008. Levow said that use of the Alcotest should be discontinued until its flawed software is fixed, as mandated by the court. However, despite the strong argument of Levow and other defense attorneys, the New Jersey State Supreme Court ruled that police could continue using the devices on drunken-driving suspects, despite its known flaws (Supreme Court of New Jersey M-1538/1539/1540).
In the court reversal - September 2013 (Supreme Court of New Jersey M-1538/1539/1540), the Court decided to eject the challenge of Alcotest’s technical shortcomings. According to NJ DWI lawyer Levow, the flawed software in New Jersey’s breath analyzers can lead to undeserved convictions.
"The bottom line is, the Alcotest breath testing equipment is capable of giving false readings," said Levow.
Levow had recommended that the state replace the Alcotest with blood testing and was quoted by NJ.com (9.10.13).
"Blood is the gold standard," he said.
In the 2008 opinion, State v. Jane H. Chun, et al. (A-96-06), the state’s Supreme Court ordered state officials to make nine software revisions and build a "searchable" online database of test results and cases.
The software changes were made, said a state official, but they were “proven unworkable.” The online database modifications were never made by the state, reported NJ.com.
Close to 600 of the devices are used around the state, reported NJ.com.
The state argued that they should not have to comply with the order because they were looking for a new replacement device that would be transitioned to by 2016, when the Alcotest would no longer be under warranty, said NJ.com.
“New Jersey State has a problem with its breath testing program, but usage of the machine may result in bigger problems for someone unfairly convicted of drunk driving due to faulty equipment,” said Levow.
Levow had challenged the validity of Alcotest readings in the original landmark Supreme Court case of State v. Chun 194 N.J. 54 (2008). In the Chun case, the New Jersey Supreme Court approved the Alcotest breath testing device for use, only if the state made the modifications.
“The Alcotest is plagued with problems that can lead to falsely high blood alcohol content readings and drivers may be wrongfully convicted after being tested on the flawed machines. When choosing a DWI lawyer, an attorney’s experience with the Alcotest is extremely important,” said Levow.
If you are facing charges for a DWI in New Jersey, your first course of action should be to contact an experienced New Jersey DWI lawyer. Lawyers at Levow & Associates are familiar with the Alcotest and its shortcomings. They can evaluate the extent to which these problems may render breath alcohol readings unreliable and challenge evidence that may be used against you. Contact Levow & Associates for a free consultation regarding your matter.
About Evan Levow:
Evan Levow is a NJ DWI lawyer and the founder of Levow & Associates law firm. Serving clients in Pennsylvania and New Jersey, his practice is 100% dedicated to DUI defense. He has lectured throughout the country on breath testing, blood testing and field sobriety testing issues. He can be contacted at:
Evan M. Levow | Levow & Associates | 1415 Route 70 East | Suite #200 | Cherry Hill, NJ 08034 |(856) 428-5055 | (877) 735-2288 | http://www.nj-dmv-dwi.com