NJ Supreme Court Decides State v. Cassidy

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.

Previous blog posts on this topic can be found here, here, and here.

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.