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- Evan M. Levow, Esq.
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LOCATIONS
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15 May 2018

DWI dismissals in New Jersey on the rise. Here’s why

Attorney Evan Levow says, “The goal is to get rid of the DWI or reduce suspension time.”

Read full article here: http://www.nj.com/news/index.ssf/2018/05/dwi_dismissals_are_on_the_rise_heres_why.html

Evan Levow has Been Included in the List of “New Jersey Super Lawyers 2020” for the 11th Year in a Row!

About Post Author

Evan Levow

Evan Levow is the managing partner of Levow DWI Law, which is a Tier 1 DUI/DWI Best Law Firm. Evan Levow has argued before the New Jersey Supreme Court on landmark DWI breath testing cases such as State vs. Chun. He is also the President Emeritus of the 600 member DUI Defense Lawyers Association.

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RECENT NEWS & NOTEWORTHY

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On June 13, Evan Levow, Considered A Breath Testing Expert, Was The Lead Instructor At The Faulkner University Jones School Of Law’s “Advanced DUI Seminar”.
13 Jan 2015
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Mr. Levow lectured on the Draeger Alcotest 7110 breath testing machine. Topics covered included: Principles of infrared spectroscopy; theory and practice of breath testing; relationship to blood testing; probable and potential errors in breath testing. The Draeger 7110 and 9510 dual sensor breath test instruments – design, instrumentation, reliability and certainty of...
Levow Makes Headlines Again! Evan Levow Critical Of NJ Breath Testing Program Urges Arrestees To Re-Double Efforts To Protect Rights
05 Jan 2015
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DWI Attorney Evan Levow Critical of NJ Breath Testing Program After Supreme Court Ruling, Urges Arrestees to Re-Double Their Efforts to Protect Their Rights Newsday October 29, 2013 DWI Lawyer Evan levow Weighs in After NJ Supreme Court Decides on Alcohol Test Reliability October 30, 2013 DWI Lawyer Evan Levow Says New Jersey State Needs to Find an Alternative to Unreliable Breath testing Alcotest Device Newsday October 31,...
Evan Levow Makes Headlines Urging NJ Supreme Court To Scrap Alcotest
03 Jan 2015
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N.J. needs to scrap its Alcotest devices, lawyers argue at state’s top court The Star Ledger September 10, 2013 New Jersey DWI Alcotest Breath Testing Challenged Before NJ Supreme Court Digital Journal September 10, 2013 Breath test argued before N.J. high court Philly.com September 11, 2013 NJ high court to again consider reliability of test used in drunken driving cases The...
Evan Levow Challenges Alcotest Before NJ Supreme Court
02 Jan 2015
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Evan Levow made headlines for his argument before the New Jersey Supreme Court to scrap the Alcotest breath testing machine. In 2001, the Alcotest replaced the breathalyzer in New Jersey DWI cases. Evan Levow and other counsel challenged the reliability of the Alcotest machine in 2008, in the landmark case before the New Jersey Supreme Court, State v Chun. At that time, the New Jersey Supreme Court ruled the machine “generally scientifically reliable”, but ordered the state to make 9 modifications to the machine’s software to offset its technical shortcomings. State officials never made the court–ordered modifications, despite a 5 year old court order telling them to. Evan Levow argued before the New Jersey Supreme Court on September 10, 2013, that the conditional reliability of the machine no longer remains. Levow questioned the validity of the state’s DWI convictions for this reason. “Alcotest is scientifically unreliable, because the state never made the changes.” Levow said. “Consequently the machine should no longer be used.” In 2008, the court also ordered state officials to create a centralized, searchable state-wide database of Alcotest results that would be available to defendants and their attorneys. According to Levow, the database is not searchable and omits some test errors that could show machine malfunction. This is important information needed when defending a DWI arrest. Mr. Levow also argued that since the current Alcotest machine has an algorithm that is not on a future version of the machine, this is a tacit admission that there is a problem with the current Alcotest machine. Additionally, one of the 9 mandated software modifications pertained to women over the age of 60. This group is not capable of reaching the minimum 1.5 liters of breath volume. However, if they don’t blow 1.5 liters they can be charged with a refusal to blow. The 2008 ruling ordered the state to re-program the minimum to 1.2 liters for this group. “That hasn’t been done.” said Levow. “This means a woman who does not blow 1.5 liters can be unfairly charged with a refusal – a serious offense resulting in loss of license and other fines and surcharges.” Levow contended. Evan Levow called for the Alcotest to be retired and for the state to rely on observational evidence. “Breath testing is trial by machine, “ Levow told the justices. “It’s imperative that the public has trust” in the technology being used. News Articles: N.J. needs to scrap its Alcotest devices, lawyers argue at state’s top court The Star Ledger September 10, 2013 New Jersey DWI Alcotest Breath Testing Challenged Before NJ Supreme Court Digital Journal September 10, 2013 DWI Attorney Evan Levow Critical of NJ Breath Testing Program After Supreme Court Ruling, Urges Arrestees to Re-Double Their Efforts to Protect Their Rights Newsday October 29, 2013 DWI Lawyer Evan levow Weighs in After NJ Supreme Court Decides on Alcohol Test Reliability October 30, 2013 DWI Lawyer Evan Levow Says New Jersey State Needs to Find an Alternative to Unreliable Breath testing Alcotest Device Newsday October 31,...
The National DUI Bar Association, DUI Defense Lawyers Association (DUIDLA), Elected Evan Levow As Their First Ever President. Evan is presently President Emeritus of DUIDLA.
10 Jan 2014
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National Trial Lawyers Included Evan Levow in Their List of Top 100 Trial Lawyers
07 Jan 2014
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THE TOP 100 TRIAL LAWYERS are the most qualified and premier trial attorneys in our nation. Membership is extended solely to the select few of the finest lawyers in America who demonstrate superior leadership, influence, reputation, stature and public profile. Award...

Levow Qualified as Instructor of Field Sobriety Testing in NJ

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