NJ DWI Breath Litigation

State v. Chun - Alcotest Litigation

There is a new breath testing machine in New Jersey, the Draeger Alcotest(R) 7110 MKIII-C.

We are the only law firm in the State to own this machine. We bought it because we want to know, as best as possible, how the machine functions, and to investigate any possible errors in testing. We utilize this information to fully defend our clients.

There is a case being litigated right now that is addressing the scientific reliability and admissibility of this machine. This case, State v. Chun, is before the New Jersey Supreme Court, and will be a landmark decision that will not only affect how breath testing occurs in New Jersey, but nationwide. New Jersey is the first state to undergo a scientific reliability hearing on the Alcotest(R).

Evan Levow, of Levow & Associates, represents the lead defendant in the Chun case.

The litigation has lasted over 20 months, and 20,000 documents. The actual in court testimony and challenge of the machine lasted 41 days. Over 8,300 pages of transcripts were produced, with 13 witnesses testifying, and over 400 exhibits introduced to the Court.

The Special Master's decision is due February 9th. Final briefs are due in the beginning of March. Oral argument before the Supreme Court should be sometime in April, and a decision from the New Jersey Supreme Court is expected sometime in May or June.

At issue is the admissibility of the breath testing results from the machine to prove intoxication against motorists in New Jersey. Through extensive cross examination of the State's witnesses and direct examination of the Defense witnesses, many issues have been set forth regarding the reliability and accuracy of the machine results.

Mr. Levow has already utilized the information from State v. Chun to help their clients successfully resolve DWI cases.

Please call us at 1-800-342-5394 or email us to discuss how we can help you.