The New Jersey State Bar Association filed a motion to appear as amicus curiae in State v. Cunningham regarding the scientific reliability of a new breath-testing device, the Alcotest 9510. The state Supreme Court granted the state Attorney General Office’s motion for direct certification, appointed a special master and invited amici to seek participation.
The NJSBA has had long-standing involvement in helping set the parameters for the reliability of breath testing in New Jersey. Nearly 20 years ago, the Alcotest 7110 was proposed as a replacement for the Breathalyzer technology that had been used for years. The NJSBA was an amicus party in the case, State v. Chun, 194 N.J. 54 (2008), that examined the reliability of that instrument. Now, the Alcotest 7110 is being replaced by the Alcotest 9510 because the manufacturer has discontinued the 7110 machine and the replacement parts necessary for its operation. The final Court order in Chun required that the NJSBA be noticed of all proposed future revisions to the Alcotest firmware and afford notice in compliance with due process.
The current matter is still at the very beginning stages. The NJSBA’s participation will be to ensure a fair and comprehensive review and to focus on what protocol will be necessary if breath test results from the new machine are to be admissible in DWI prosecutions. It “seeks only to assist the Court in ensuring rigorous reliability testing that will yield an outcome that promotes fairness in the administration of justice and public confidence in DWI prosecutions relying upon results from the Alcotest 9510,” court papers state.
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.