New Jersey Attorney, Evan Levow, reported that today a judge threw out the 0.14 breath test result in New Jersey v. Chun. Chun was the name of the lead defendant in New Jersey’s state-wide battle over its new breath test machine. Mr. Levow has represented Ms. Chun throughout the process.
Although the first four and 1/2 years of pre-trial litigation focused on whether the Draeger Alcotest was scientifically reliable andacirc;?? which included analysis of the machine’s source code andacirc;?? the judged suppressed the test based on the officer’s failure to follow proper procedures for changing the mouth piece. (Both the manufacturer and the head of the Alcotest program testified in the state wide hearings that the mouthpiece must be changed after each breath sample, which wasn’t done.)
Tomorrow they try the impaired charge. We wish Mr. Levow and Ms. Chun the best of luck. Certainly no one can question the lengths to which Mr. Levow will go to give his clients the best possible representation. See Mr. Levow’s website for more information about the case. See my blog and website for more information about the fight over Minnesota’s breath test machine and source code battle.
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