New
Jersey Attorney General Peter C. Harvey
and Camden County Prosecutor Vincent P.
Sarubbi announced today that a New Jersey
Superior Court judge has determined that
a new evidential alcohol breath test known
as the Alcotest 7110 is "scientifically
accurate and reliable" to measure blood-alcohol
percentage.
In
his written decision, Assignment Judge
Francis J. Orlando Jr. of the state Superior
Court in Camden ruled that, because they
are scientifically sound, Alcotest readings
"therefore will be admitted into
evidence without the need for expert testimony."
The
device uses infrared light and electrochemical
cell technology to determine the presence
of ethanol in a breath sample. The Alcotest
7110 was placed in operation in Pennsauken
Township between December 2000 and December
2001. The device was used to produce Alcohol
Influence Reports on 357 people during
those 13 months.
Approximately
20 defendants in cases of alleged Driving
While Intoxicated in Pennsauken challenged
the scientific reliability of Alcotest
7110. The Camden County Prosecutor's Office
applied to the Superior Court for a consolidated
hearing, which the court granted. Judge
Orlando heard testimony between Sept.
8, 2003, and Oct. 14, 2003. Deputy Attorneys
General Stephen Munson and Christine Hoffman
teamed with Assistant Camden County Prosecutors
Joshua Ottenberg and Gladys Rodriguez
to present the state's case.
"We are pleased that the court has
found this new technology to be effective
and reliable," Harvey stated. "With
the technological advances achieved in
recent years, it makes good sense for
the law enforcement community to
progress to an evidential breath analyzer
that is more reliable and easier to administer
than the Breathalyzer."
Sarubbi
and Harvey credited the attorneys who
argued successfully in favor of Alcotest
7110.
"This
decision clearly has statewide impact,"
Sarubbi said. "I am proud that my
office and Pennsauken Police played such
an integral role in helping to achieve
the law enforcement community's bottom
line
objective:
making New Jersey's roads and highways
as safe as they can possibly be."
In
his decision, Judge Orlando noted that
during the 13 months the device was used
in Pennsauken, "a high and unacceptable
number of persons who attempted to deliver
a breath sample ... were charged with
refusal to submit to a chemical test"
in violation of New Jersey motor vehicle
law. Some of those people, were "seemingly
making a good faith effort to deliver
a breath sample," Orlando concluded.
"New
Jersey must make changes in the software/firmware's
requirements for the 7110 and/or instructions
given to those who are about to use the
instrument," Orlando wrote. "Until
this problem is eliminated, no person
who delivers a breath sample of 0.5 liters
of air or greater ... may be charged with
refusal."
Attorney
General Harvey stated that, "The
State is aware of the issue and is in
the process of taking steps to address
it."
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