State of New Jersey v. MH (Case# HT129421-22)
N/AOUTCOME: Blood Alcohol Reading Suppressed
Defendant charged with DWI with a Blood Alcohol reading of .29%. As we began to dig deeper, we realized that the Alcotest machine Coordinator didn’t note which Temperature Probe he used when last calib ... rating the machine. Without that information, we couldn’t determine if the Probe used was accurate. The Temperature Probe must be certified for accuracy and, in the instant matter, the State could not prove that it was certified, since they didn’t know which Probe it was. Therefore, the State could not enter the Blood Alcohol Reading into evidence and it had to be excluded. This is a prime example of what I mean when I tell clients, “It doesn’t mean you are guilty just because you blew into a tube and a number came up higher than the legal Blood Alcohol limit."
