New Jersey DWI Cases May See Weaker Alcotest Regulations

New Jersey DWI Alcotest LawyerAfter a New Jersey State Trooper failed to adhere to state rules regarding the calibration of Alcotest breathalyzer devices, which are used to verify the driver’s blood alcohol content (BAC) in the vast majority of DWI cases, over 20,000 DWI convictions were called into question in New Jersey. In order to avoid the thousands of appeals that may inundate the New Jersey court system as a result, the New Jersey Attorney General’s Office has filed a motion to loosen the currently strict Alcotest calibration regulations. In the most recent turn of events, the NJ Supreme Court has appointed a special master who is tasked with determining whether or not failure to thoroughly execute all necessary steps in the calibration process undermines the validity of subsequent breath test results using the Alcotest machine.

In New Jersey, the Alcotest 7110 MkIII breathalyzer machine is used to evaluate the concentration of alcohol in a person’s blood stream when they are suspected of driving while intoxicated. The Alcotest device requires an extensive and sophisticated calibration process in order to ensure that the results are valid and reliable. In 2008, these requirements were established in the Supreme Court decision in State v. Chun. This case set a precedent for all New Jersey DWI cases that came after it, determining that the thermometer used during the calibration process must adhere to the standards of the National Institute of Science and Technology (NIST).

Earlier this year, authorities discovered that New Jersey State Police Sergeant Marc Dennis may have falsified documents which certified that he performed mandatory re-calibrations of three Alcotest breath testing devices. Further, he is accused of lying about calibrating Alcotest devices at several police departments with a non-NIST thermometer. As a result of his alleged conduct, Dennis is facing charges for fourth-degree falsifying records and third-degree tampering with records. His pending case gave rise to thousands of potential appeals, wherein defendants may seek to have their Alcotest readings deemed inadmissible in court and their associated DWI convictions vacated.

Under current law, experienced New Jersey DWI defense lawyers can successfully challenge the admissibility of breath test results if there were errors in police protocol during the Alcotest calibration process or issues with the machine itself. Travis J. Tormey and the team of highly skilled NJ DUI defense attorneys at the Tormey Law Firm have achieved thousands of DWI dismissals in courts from Hackensack to Morristown, Parsippany to Paramus, and across New Jersey using strategic DWI defenses involving the Alcotest. In fact, Mr. Tormey is among the select few attorneys in the State who are certified in the operation and maintenance of the Draeger Safety Alcotest 7110 MKIII device. He has been trained on the analytical system, components, and peripherals, as well as how to operate the instrument and perform a New Jersey specific breath test sequence. He often utilizes this expertise to determine the admissibility of the breath-test result in DWI cases and to have the charges against his clients dismissed.

Consider this: if the results of the Alcotest reading indicate a blood alcohol content that is 0.08% or higher, but the breathalyzer device was incorrectly calibrated, how can we trust that the results of the breath test are accurate? Moreover, if we cannot truly know the driver’s blood alcohol concentration, then the reading cannot be used to prosecute them in a court of law. Now, in an effort to avoid the slew of appeals connected with Sergeant Dennis’s case, the New Jersey Attorney General’s Office has sought to change the rules. If DWI defendants are bound by New Jersey law and held to the standards which it sets forth, how can the State avoid adhering to established law and seek to alter it when it is inconvenient?

For additional information pertaining to this issue, access the following article: Special Master Pegged for Alcotest Calibration Dispute

Testimonials

  • great attorney

  • Hands Down Professional and delivers results!!!

  • DUI case dismissed

  • 125 stars out of 10!!

  • Excellent at getting best outcome

  • Excellent Attorney

  • TRO Dismissal

  • Efficient Excellent attorney.

  • Excellent attorney

  • Travis successfully defended me in an unprecedented Final Restraining Order Trial with ease

  • Kick Ass Attorney!

  • Efficient and professional attorney

  • Great Lawyer And Great Results

  • Top Notch DUI Attorney

  • Client Domestic Violence

  • Restraining Order

  • A real pro in a time of need - DWI Dismissed.

  • The most experienced, patient and affordable attorney

  • Travis Tormey successfully had a False TRO against me dismissed.

  • Underaged Drinking

  • Underaged Drinking

  • DUI Dismissed

  • Saved me from a DUI. HIGHLY recommended

  • Restraining Order

  • Case dismissed with Data Driven Facts

  • Respectful. Attentive. Professional.

  • Trespassing and Under the Influence Disorderly Persons charges

  • If you are reading this- You have reached the right place! Undoubtedly, the BEST Law Firm in New Jersey!

  • Amazing attorney with a heart of gold

  • Exceeded my expectations, Highly Professional Attorney

  • Responsive and knowledgeable.

  • The Tormey law firm was very kind and professional

  • Expungement

  • Travis Tormey is a True Professional Who Kept Me Out of Jail

  • Unresponsive Lawyers.

  • Saved me a whole ton of problems

  • Travis Tormey Review

  • A nightmare case, with a happy ending.

  • Elite NJ Marijuana Attorney! 5 Stars!!

  • An Excellent lawyer!

  • Great lawyer for DUI

  • I highly endorse Travis Tormey.

  • Travis Tormey Law Firm

  • Too big of an investment for too little results

  • Travis is a Lifesaver

  • Travis J. Tormey - Evaluation

  • Great Lawyer. Got me off exactly what I wanted

  • Consummate Professional!

  • Great Criminal Defense Lawyer

  • Good Service

  • Exceptional Lawyer

  • Exceptional Lawyer

  • Hired to defend me for aggravated assault

  • Hired to defend me in a restraning order

  • Excellent attorney, highly recommend his talents

  • DWI Counsel

  • I highly recommend Mr. Tormey

  • Great attorney

  • Travis Tormey, Esq. - Great Results!

  • Travis Tormey - Excellent Attorney-Kind and Trustworthy

  • Excellent Attorney-Trustworthy and Kind

  • An Outstanding lawyer!!! That will represent you in the correct way!

  • Excellent Attorney! You will not be dissapointed....

  • Travis Tormey Gets Results!

  • tormey

  • Success!!

  • Travis Tormey Review

  • Only Lawyer I Recommend

  • Very Grateful

  • Attorney review of Travis Tormey

  • Excellent

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

The Tormey Law Firm

Areas we serve

Bergen County, Essex County, Morris County, Passaic County, Hudson County, Middlesex County, Somerset County including Morristown, Denville, Dover, Mount Olive, Parsippany, Hackensack, East Rutherford, Elmwood Park, Englewood, Fort Lee, Garfield, Lodi, Lyndhurst, Mahwah, Palisades Park, Paramus, Ridgefield Park, Saddle Brook, Teaneck, Clifton, and Wayne.

  • Hackensack Office

    254 State Street Hackensack, NJ 07601

    (201) 556-1570

    view larger map

  • Morristown Office

    55 Madison Avenue Suite 400, Morristown, NJ 07960

    (908) 336-5008

    view larger map

Daily Record Daily Record
CBS Radio CBS Radio
NJ dot com NJ dot com
The Record The Record
AOL News AOL News
Asbury Park Press Asbury Park Press