The New Jersey Supreme Court has found that 20,667 breathalyzer tests conducted from 2008 – 2016 are inadmissible, and consequently an equal number of drunk driving convictions are at risk of being overturned as a result.
From the Tampa Bay Times:
“The unanimous ruling by the Supreme Court stems from criminal charges brought more than two years ago against a State Police sergeant who was accused of falsifying calibration records on breathalyzer devices that were used in five of New Jersey’s 21 counties.
It is unclear how state courts and law enforcement officials will now proceed. The Supreme Court ruling does not automatically expunge all the drunken-driving convictions, but the justices did note that defendants could now seek to challenge their convictions. The decision also raises questions about cases that are still winding their way through the judicial system.”
Though the Police Sargent was never convicted of a crime, a Grand Jury indictment against him in 2016 over the miscalibration of the devices was enough for the Supreme Court to reach their ruling.
The full text of the Court’s opinion can be found HERE.
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