|
When the Supreme Court in State v. Chun, 194 N.J. 54 (2008) case was published it spelled out the future New Jersey DWI/DUI methods for using the Alcotest and other DWI/DUI issues. While some issues were clear, others are still up for debate. Specifically, there is no clarifying, published decision from the Appellate Division on the 20-minute observation period discussed. While severa Law Division judges have been considering the issue in the context of municipal appeals. One recent such appeal, captioned State v. Nucifora was decided in Camden County on December 30, 2008. This UNPUBLISHED letter opinion stands for the proposition that it is the operator of the Alcotest who must personally observe the test subject for 20-minutes before administering the test. This is a victory for DUI/DWI defense attorneys, who deal with this issue on a regular basis.
ALWAYS A FREE CONSULTATION. 856-304-1472
|
