New Jersey Supreme Court Rules 20,667 Breathalyzer Tests Inadmissible

Nov 13, 2018 · 8 comments
Michael C (Tucson, AZ)
I hire a lawyer to challenge my conviction. I win. I tell my car insurance company, who raised my rates, if didn't already outright drop me, that my conviction was tossed out due to faulty calibration of the breath test. Good luck with that one.
Mr. Prosper Bellizia (New Jersey)
Where do drivers go to get their 7 month suspended driver privileges back?
Dan (Houston)
The real tragedy is that justice will not be done. If the defendants have to challenge their case, it means thousands of dollars out of pocket for a lawyer. Many can’t afford it and won’t be able to clear their record simply because they aren’t rich. Another example of how unjust our justice system truly is.
willw (CT)
@Dan may I ask what "they" were doing to initiate a breath test in the first place? But I agree, most DUI offenders probably are not "rich".
bauskern (new england)
@willw This is a real misconception. I am a criminal defense lawyer in Massachusetts and I specialize in OUI defense. My clients have ranged from the indigent (court-appointed cases) to those who are quite wealthy. Anybody who goes out for dinner and has a couple of glasses of wine can be pulled over for something as innocuous as a faulty plate light, and can wind up being arrested for OUI.
Lisa (NJ)
@willw In New Jersey, some police officers received vacation days if they got a DUI. There was a woman in NJ who got a DUI for having one glass of champagne. There have been a few people that got DUIs who had no alcohol, including a truck driver who lost his job.
ABC123 (USA)
Why was ONE person in charge of calibrating all of these devices??? Why weren’t there people and procedures in place to actually CHECK AND DOUBLE-CHECK this person’s work??? This is a real slap in the face to the police officers who work hard every day to combat drunk-driving and to those who have lost loved ones as a result of other peoples’ irresponsible behavior from driving under the influence/while intoxicated. Those who have allowed such a “system” to be in place should be punished severely.
William (Memphis)
@ABC123 Many Americans don't want to pay for more public servants through higher taxes. You get what you pay for, unfortunately.