The Supreme Court of New Jersey has denied defense attorney’s efforts to invalidate the ALCOTESTER 7110 breath test machine used by all police departments in New Jersey. Today the Court issued an Order stating that the 7110 machine remains scientifically reliable’ ruling that defendants failed to demonstrate that the State “willfully refused” to comply with the 2008 seminal State v. Chun Order. Defense attorneys were successful in having the court rule that the 7110 machine court not be used against women over the age of 60. If the only evidence of refusal for a woman over 60 is the Alcohol Influence Report, the AIR is now inadmissible in the prosecution of a violation of N.J.S.A. 39:4-50.4a.
Legal Developments
That Affect You
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2022 changes to New Jersey statute N.J.S.A. 45:1-15.9.
This memorandum addresses the scope of New Jersey statute N.J.S.A. 45:1-15.9,summarizes the 2022 amendments to that statute, identifies the effective date andapplicability of those amendments, and outlines practical implications forregulated professionals and licensing boards. Background N.J.S.A. 45:1-15.9 is part of New Jersey’s professional and occupational licensinglaws administered under Title 45. The statute governs disciplinary and…