On May 4, 2018, the New Jersey State Supreme Court released the Special Master’s report for State v. Cassidy. The Special Master was asked to make findings on whether the failure to test the Alcotest simulator solutions with a thermometer traceable to the National Institute of Standards and Technology (NIST) calls into question the reliability of the breath test machine.
State v. Cassidy was brought to the New Jersey State Supreme Court because of the allegations that New Jersey State Police Sergeant Marc Dennis failed to use a NIST-traceable thermometer in the calibration process, which has called into question over 20,000 cases.
After the parties have the opportunity to submit addition briefs and appear for oral arguments, the New Jersey Supreme Court will be authoring a written opinion.
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