DRUNK DRIVING (DWI/DUI LAW) IN BERGEN AND PASSAIC COUNTIES: THE APPELLATE DIVISION ORDERS THE TURNOVER OF ALCOTESTS RAW DATA

Although the Supreme Court ruled in State v. Chun, that the Alcotest was a reliable instrument to determine a defendant's blood alcohol concentration (BAC) in Drunk Driving (DWI/DUI) cases, the defense bar believes that the decision was in error and, as a result, a number of its members have made a diligent effort to collect the raw data associated with specific applications of the Alcotests in various municipalities. Thus far, courts in Morris, Somerset and Middlesex Counties have authorized the turnover of raw data information associated with the Alcotest on the basis of a defendant's discovery motion.

Recently, the Appellate Division reversed the decision of a trial judge from Atlantic County who prevented a defendant from obtaining specific information from the Alcotest machine used in his drunk driving (DWI/DUI) case. The Appellate Division's decision, which was only subject of an order and not a written opinion made reference to a memorandum authored by the Division of Criminal Justice's Director that authorized the release of stored alcotests data when requested in the discovery with a drunk driving (DWI/DUI) case.