On November 13, 2018, the New Jersey Supreme Court decided State v. Eileen Cassidy (A-58-16). This case arose out of the allegation that a State Police breath test coordinator failed to use a thermometer traceable to the National Institute of Standards and Technology (NIST) during the calibration process for Alcotest machines.
The Supreme Court made several important rulings in this case, including:
1) NIST-traceable thermometers must be used to ensure reliably in breath test results, otherwise the results are inadmissible.
2) The State must notify defendants affected by machines not calibrated with a NIST-traceable thermometer. The Court has relaxed the normal five-year time limitation on seeking post-conviction relief, so that these defendants may seek appropriate relief in court.
Call Jason T. Komninos, Esq. at (201) 343-4622 to schedule a consultation.