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In order for a prosecutor to get Alcotest results admitted into evidence against you, the State must establish that: (1) the machine was in working order and had been inspected according to procedure; (2) the police officer who ran the testing on the machine was certified to do so; and, (3) the test was administered according to official procedure.

A significant challenge to the machine and admission of the Alcotest results is whether the machine was in "proper working order". There are three core foundational documents that the State must admit into evidence to establish this:

  • the most recent Calibration Report prior to your test, including control tests, linearity tests, and the credentials of the state trooper coordinator who performed the calibration;
  • the most recent New Standard Solution Report prior to your test; and,
  • the Certificate of Analysis of the 0.10 Simulator Solution used in your control tests.

There are additional documents that you or your attorney will need in order to challenge the functionality or operability of the Alcotest in your case. These are referred to as twelve non-core foundational documents:

  • Calibrating Unit, New Standard Solution Report, most recent change, and the operator's credentials of the officer who performed that change;
  • Certificate of Analysis 0.10 Percent Solution used in New Solution Report;
  • Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator;
  • Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe;
  • Draeger Safety Certificate of Accuracy Alcotest 7110 Instrument (unless more relevant NJ Calibration Records (including both Parts I and II are offered));
  • Calibration Check (including both control tests and linearity tests and the credentials of the operator/coordinator who performed the tests);
  • Certificate of Analysis 0.10 Percent Solution (used in Calibration-Control);
  • Certificate of Analysis 0.04, 0.08, and 0.16 Percent Solution (used in Calibration-Linearity);
  • Calibrating Unit, New Standard Solution Report, following Calibration;
  • Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator for the three simulators used in the 0.04, 0.08, and 0.16 percent solutions when conducting the Calibration-Linearity tests;
  • Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe used in the Calibration tests; and,
  • Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability.

After our expert reviews this information he determines if further discovery is required. Once the discovery is complete, he renders an opinion whether or not there is a viable defense which could lead to an acquittal or provide a negotiating premise to reduce the charge.

David P Donnelly
NJ criminal defense

Of Counsel
O'Mara Law Firm
25 Sycamore Ave. Suite #2
Little Silver, NJ 07734
732-822-8542

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