Navigation Links
DWI Lawyer Evan Levow Says New Jersey State Needs to Find an Alternative to Breath Testing Alcotest Device

(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 (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 cases.

The software changes were made, said a state official, but they were “proven unworkable.” The online database modifications were never made by the state, reported

Close to 600 of the devices are used around the state, reported

The state argued that they should not have to comply with the order because they were looking for a new replacement device that would be transitioned to by 2016, when the Alcotest would no longer be under warranty, said

“New Jersey State has a problem with its breath testing program, but usage of the machine may result in bigger problems for someone unfairly convicted of drunk driving due to faulty equipment,” said Levow.

Levow had challenged the validity of Alcotest readings in the original landmark Supreme Court case of State v. Chun 194 N.J. 54 (2008). In the Chun case, the New Jersey Supreme Court approved the Alcotest breath testing device for use, only if the state made the modifications.

“The Alcotest is plagued with problems that can lead to falsely high blood alcohol content readings and drivers may be wrongfully convicted after being tested on the flawed machines. When choosing a DWI lawyer, an attorney’s experience with the Alcotest is extremely important,” said Levow.

If you are facing charges for a DWI in New Jersey, your first course of action should be to contact an experienced New Jersey DWI lawyer. Lawyers at Levow & Associates are familiar with the Alcotest and its shortcomings. They can evaluate the extent to which these problems may render breath alcohol readings unreliable and challenge evidence that may be used against you. Contact Levow & Associates for a free consultation regarding your matter.

About Evan Levow:

Evan Levow is a NJ DWI lawyer and the founder of Levow & Associates law firm. Serving clients in Pennsylvania and New Jersey, his practice is 100% dedicated to DUI defense. He has lectured throughout the country on breath testing, blood testing and field sobriety testing issues. He can be contacted at:

Evan M. Levow | Levow & Associates | 1415 Route 70 East | Suite #200 | Cherry Hill, NJ 08034 |(856) 428-5055 | (877) 735-2288 |

Read the full story at

Source: PRWeb
Copyright©2012 Vocus, Inc.
All rights reserved

Related medicine news :

1. The Tennessee Car Accident Lawyers at Michael D. Ponce & Associates Alert Public of CDC Survey Revealing Majority of High School Seniors Admitting to Texting Behind Wheel
2. US Drug Watchdog Now Urges All DePuy Pinnacle Hip Implant Recipients To Know The Symptoms Of A Failure And Offers To Name The Best Lawyers & Law Firms For Failure Victims
3. US Drug Watchdog Now Offers To Help Every Recipient Of A DePuy Pinnacle Or Recalled DePuy ASR Hip Implant Who Had To Go Through Revision Surgery Get To The Best Lawyers
4. Issues Report on Prostate Health Claim Lawsuits and Propecia Side Effect Litigation
5. Chicago Dog Bite Injury Lawyers Advise Dog Owners To Get Control of Their Animals, Or Be Prepared To Pay Up
6. US Drug Watchdog Now Fears the Numbers of Transvaginal Mesh Product Failure Victims Will Grow and They Offer Victims the Names of the Best Lawyers-Who Will All Be Women
7. NJ Accident Lawyers at Console & Hollawell React to New Motorcycle Crash Data from the U.S. Government Accountability Office
8. US Drug Watchdog Has Added Wright, Stryker, Biomet, and Zimmer To Their Initiative For All Metal Hip Implant Failures Victims & Offers Them The Names Of The Best Lawyers
9. US Drug Watchdog Now Offers All Victims Of A Transvaginal Mesh, Sling, or Tape Failure The Names And Contacts Of The Best Possible National Caliber Lawyers Who Are Women
10. US Drug Watchdog Now Offers Women Who Are Victims Of A Transvaginal Mesh, Sling, or Tape Medical Product Failure the Names of The Best Possible Lawyers-Who are All Women
11. Kentucky Social Security Disability Benefits Lawyer with The Frank Jenkins Law Office Voices Support for Recent Expansion of Compassionate Allowance Program
Post Your Comments:
(Date:6/27/2016)... ... 2016 , ... recently awarded their highest five-star rating to Best Buy ... in the United States and Canada wear eyeglasses. Once considered to be a purely ... make a fashion statement. Even celebrities use glasses as a way of creating an ...
(Date:6/26/2016)... Aliso Viejo, California (PRWEB) , ... June 26, 2016 , ... ... for Final Cut Pro X. , "Film editors can give their videos a whole ... artistically," said Christina Austin - CEO of Pixel Film Studios. , ProSlice Levels ...
(Date:6/26/2016)... ... June 26, 2016 , ... Many ... been diagnosed with endometriosis. These women need a treatment plan to not only ... approach that can help for preservation of fertility and ultimately achieving a pregnancy. ...
(Date:6/25/2016)... ... June 25, 2016 , ... The temporary closing of Bruton Memorial Library on June ... , brings up a new, often overlooked aspect of head lice: the parasite’s ability to ... is not a common occurrence, but a necessary one in the event that lice have ...
(Date:6/25/2016)... ... 25, 2016 , ... As a lifelong Southern Californian, Dr. Omkar Marathe earned ... the David Geffen School of Medicine at UCLA. He trained in Internal Medicine at ... fellowship in hematology/oncology at the UCLA-Olive View-Cedars Sinai program where he had the opportunity ...
Breaking Medicine News(10 mins):
(Date:6/26/2016)... Ontario , June 27, 2016  VMS Rehab ... Company,s Board will take whatever measures required to build ... Company,s stock which is currently listed on the OTC ... Wexler, Company Chairman and CEO, "We are seeing an ... difficult to understand, not only by the Company, but ...
(Date:6/24/2016)... , June 24, 2016  Global Blood ... biopharmaceutical company developing novel therapeutics for the treatment ... today announced the closing of its previously announced ... stock, at the public offering price of $18.75 ... offering were offered by GBT. GBT estimates net ...
(Date:6/24/2016)... 2016 The Academy of Managed Care Pharmacy ... that would allow biopharmaceutical companies to more easily share ... formulary and coverage decisions, a move that addresses the ... The recommendations address restrictions in the sharing ... drug label, a prohibition that hinders decision makers from ...
Breaking Medicine Technology: