On November 28, 2017, the Supreme Court of New Jersey issued an order regarding DWI cases in which the defendant had a prior DWI offense which would enhance the defendant’s punishment in the current case.
The Supreme Court ordered that in those situations, the prosecutor must investigate whether the defendant’s prior case involved a breath test device that was calibrated by New Jersey State Police Sergeant Marc Dennis.
Sergeant Dennis has been accused of failing to conduct a critical step in the calibration process for breath test machines and was charged with the third degree crime of tampering with public records and the fourth degree crime of falsifying or tampering with records.
Subsequent convictions for DWI carry increased penalties. If you have a prior DWI or DUI conviction or convictions and are facing a new charge, it is critical to speak with an attorney as soon as possible about your rights.