| If you have been arrested and charged with driving under the influence, this may interest you.
Police regularly utilize a breat test to scientifically approximate a person's blood alcohol level. The test has been accepted by New Jersey courts as scientifically reliable. Its main benefit is automation; it minimizes the potential for human error.
New Jersey Courts have stressed, however, that the manner in which the test is administered is important. That methodology includes a 20 minute waiting period in which the subject has not placed anything in his mouth that can compromise the reliability of the test.
In a recent case, State v. Ugrovics, A-4906-08T4, the breath test operator did not observe the defendant during that 20 minutes. Instead that observation was made by the arresting officer, who had no certification in the operation of the breath testing device.
Defendant claimed the test result was inadmissible. He argued that only a qualified operator, trained and certified in the administration of the breath test, could be considered qualified to observe him during the 20 minutes preceding the test.
YOU BE THE JUDGE: Are the results of a breath test admissible in court if the certified operator is not personally present to observe the defendant throughout the time preceding the test?
The Appellate Division held that the 20 minute waiting period was simply to ensure that the subject did not place anything in his or her mouth that could compromise the integrity of the test. That observation could be made by any competent witness; whether a breath test operator or not. To require that only the operator could make that observation would elevate form over substance.
However, the actual administration of the test had to be accomplished by a qualified operator for the test results to be admissible to prove a violation of the law.
The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ramsey, Waldwick, Lodi, Jersey City, North Bergen and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. |
