The breath testing machine used in New Jersey DWI is the Draeger Alcotest® 7110 MKIII-C.
We own this machine. We bought it because we wanted to know, as best as possible, how the machine functions, and to investigate errors in testing. We utilize this information to fully defend our clients.
There is a case that litigated the scientific reliability and admissibility of this machine. This case, State v. Chun, was argued before the New Jersey Supreme Court, resulting in a landmark decision that not only affec
ted how breath testing occurs in New Jersey, but nationwide. New Jersey is the first state to undergo a scientific reliability hearing on the Alcotest®.
Evan Levow, of Levow DWI Law, represented the lead defendant in the Chun case.
The litigation lasted over 3 years, with 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.
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 utilizes the information from State v. Chun to help his clients successfully resolve DWI cases.
Please call us to discuss how we can help you.