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DWI Lawyer Evan Levow Says New Jersey State Needs to Find an Alternative to Breath Testing Alcotest Device
Date:10/31/2013

(PRWEB) October 31, 2013

Attorney Evan Levow, the founder of Levow & Associates law firm, joined a group of other defense lawyers at the New Jersey Supreme Court to argue for the immediate discontinuation of the Alcotest breath test. Usage of the breath test in New Jersey drunken driving cases has been controversial ever since the device failed to meet the standards set by the New Jersey Supreme Court in 2008. Levow said that use of the Alcotest should be discontinued until its flawed software is fixed, as mandated by the court. However, despite the strong argument of Levow and other defense attorneys, the New Jersey State Supreme Court ruled that police could continue using the devices on drunken-driving suspects, despite its known flaws (Supreme Court of New Jersey M-1538/1539/1540).

In the court reversal - September 2013 (Supreme Court of New Jersey M-1538/1539/1540), the Court decided to eject the challenge of Alcotest’s technical shortcomings. According to NJ DWI lawyer Levow, the flawed software in New Jersey’s breath analyzers can lead to undeserved convictions.

"The bottom line is, the Alcotest breath testing equipment is capable of giving false readings," said Levow.

Levow had recommended that the state replace the Alcotest with blood testing and was quoted by NJ.com (9.10.13).

"Blood is the gold standard," he said.

In the 2008 opinion, State v. Jane H. Chun, et al. (A-96-06), the state’s Supreme Court ordered state officials to make nine software revisions and build a "searchable" online database of test results and case
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