State of New Jersey vs. Roger Berry

Outcome: Complaint Dismissed

Description: Defendant blew of .24 when he was stopped and charged with DWI. The arresting officer, whose experience included only two (2) previous DWI arrests, used a Breathalyzer model 900/900A. The defense, utilizing two (2) experts, asserted that the defendant suffered from GERD and that the breath sample, instead of coming from the lungs, came from the stomach, accounting for the unusually high reading. Moreover, defendant's experts attacked the manner in which the arresting officer administered the breath tests, as well as his conclusions based on the officer's observations of the defendant at the time of arrest.