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New Jersey DWI Attorney Evan Levow Teaches CLE Class on the Death of the Alcotest in NJ
Date:7/9/2013

(PRWEB) July 09, 2013

Garden State CLE (New Jersey Continuing Legal Education Services, LLC), an accredited provider of CLE credits, selected DWI attorney Evan Levow to give a CLE class to fellow lawyers on the topic of New Jersey’s soon to be discontinued Alcotest breath testing machine.

Mr. Evan Levow will be speaking on the pending application before the New Jersey Supreme Court establishing that the Alcotest 7110 breath testing machine is being scrapped by the state in 2016 and possibly sooner.

The state has failed to comply with the New Jersey Supreme Court order in State v. Chun, declining to make the court ordered changes to the software of the machine, resulting in the filing that the machine is not scientifically reliable and is unfit for use in New Jersey. Levow’s CLE course discusses how the failure of New Jersey to follow the Supreme Court order in State v. Chun regarding the Alcotest has resulted in defense issues in drunk driving cases.

Database and software revisions for the Alcotest were mandated by the New Jersey Supreme Court in State v. Chun, 194 N.J. 54 (2008). The Supreme Court ordered the State to make the changes “forthwith”, but the State failed to comply with almost all of the changes that were ordered. The issues were reported in the New Jersey Law Journal (6.18.13). The full article appeared in the New Jersey Law Journal’s print edition, on June 24.

Chun held that Alcotest readings were generally scientifically reliable, based on the conditioned changes to the machine software. However, the state failed to make the changes, leaving the device unsuitable for use because it can no longer be considered scientifically reliable without the court ordered software changes and database correction.

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