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20,667 Drunken-Driving Convictions Tainted by Bad Breathalyzer Test in New Jersey
More than 20,000 drunken-driving convictions in New Jersey could be in jeopardy after the state's highest court ruled on Tuesday that breathalyzer tests used to win those judgments were inadmissible.
The unanimous ruling by the Supreme Court stems from criminal charges brought more than two years ago against a State Police sergeant who was accused of falsifying calibration records on breath test devices that were used in five of New Jersey's 21 counties.
It is unclear how state courts and law enforcement officials will now proceed. The Supreme Court ruling does not automatically expunge all the drunken-driving convictions, but the justices did note that defendants tested by the affected breath machines could now seek to challenge their convictions. The decision also raises questions about cases that are still moving through the judicial system.
[...] The ruling is the latest development in an odd case that began more than two years ago, when Sgt. Marc W. Dennis, whose duties included calibrating breath test devices, was charged with falsely certifying that he had followed proper calibration procedures. As a result, the accuracy of all the breath tests that he calibrated, known in New Jersey as Alcotests, could not be trusted, the Supreme Court of New Jersey ruled.
Also at NBC.
(Score: 1, Informative) by Anonymous Coward on Wednesday November 14 2018, @05:40PM
It's pretty easy to imagine why...
Police officer is busy (with paperwork, "catching criminals," socializing with fellow officers, or any other innocent or damning reason you like). They have too much to do, too little time, and end up skipping things like device calibration. Later, they realize the mistake and then falsify records to protect their reputation and possibly their job.
It doesn't excuse it, but it does explain it. Anybody who thinks this doesn't happen (hopefully with other less, impactful results) has never had any position of authority in any real job. Corners are always cut. The question is which corners are cut, and when.