New Jersey DWI Attorneys Evan Levow and Matthew Reisig Challenge Alleged Inaccuracies of New Jersey State Alcotest Data

Share Article

New Jersey DWI Attorneys Evan Levow and Matthew Reisig have filed a motion with the New Jersey Supreme Court alleging that the State is posting inaccurate data from Alcotest breath testing machines on the state website. These potential errors violate the state’s obligation to post a database with accurate test results online and could negatively affect the outcome of a DWI case.

News Image
The ability to see errors is critical to the ability to analyze data in search of anomalies that might indicate inaccurate readings.

New Jersey DWI Attorneys Evan Levow and Matthew Reisig allege that the State of New Jersey is posting corrupted and incomplete data from Alcotest breath testing machines throughout the state, on the new state website.

“The inaccurate data posted violates the state’s obligation to provide a database with searchable and reliable testing results online,” alleges New Jersey DWI Lawyer Evan Levow according to court documents from the case. “The accused cannot effectively evaluate the charges against him or her.”

To remedy the situation, Levow and Reisig filed a Motion in Aid of Litigants’ Rights with the New Jersey Supreme Court. State v. Chun, docket number 72,341.

Levow, Reisig and other council challenged the validity of Alcotest readings 5 years earlier in the Supreme Court case of State v. Chun 194 N.J. 54 (2008).

In the court documents of the Chun case, the Supreme Court of New Jersey concluded that the Alcotest breath testing device was scientifically reliable for admission in all New Jersey courts. However, the Court set forth certain safeguards regarding the testing that included the provision of a searchable, centralized data base of Alcotest results that would be available to defendants, defense attorneys and experts to use to challenge the operation of the machinery. The data would be used to determine whether the machine used for the driver's breath test was operating properly at the time of the person's breath testing according to the article published in North Jersey News on March 13, 2013.

According to court documents, an expert, Samuel Louis Sachs of Alcocoden Associates, LLC, who recently looked at the state database, there were data errors from fifteen Alcotest machines that did not appear on the state-wide data base. Samuel Sachs compared the data on the CDROMs provided prior to the creation of the state website, with the new state data repository as stated in the court documents. These alleged errors were not transferred from the CDROMs to the state data website.

“The data inconsistency undermines the reliability of the State’s website,” alleges Levow. “The ability to see errors is critical to the ability to analyze data in search of anomalies that might indicate inaccurate readings.”

"An inaccurate interpretation of results could, in turn, result in an unfavorable and unjustified outcome in a DWI case," commented Levow.

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.

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

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Evan M. Levow
Visit website