Monthly Archives: October 2013

Court Runs Away From Its Own Alcotest Order

On 9/18/13 the Supreme Court turned tail and ran from the firmware change part of its own 5 year old Chun order, relieving the state of having to change the firmware at all.  Although dramatic, this changes very little as the State hasn’t changed even the most mundane firmware such as to daylight savings to date, and frankly I doubt they would have ever changed any software unless the decision today forced them to. The court has decided to maintain the status quo minus the firmware revisions, with a minor adjustment for 60 year old women.

Jeff Gold

Court finds 1 month difference in Refusal form not “material”

The N.J. Supreme Court released its opinion in State v O’Driscoll today. Its a very narrow holding based on the facts of the case that the mistake of an officer in reading the old refusal form statiung 6 months mandfatory suspenion instead of the current 7 months, is not “material” . It did not reach the larger issue that the case was cited for ie the interlock discrepancy or the present refusal form. However it as much as the court announces the standard of materiality, these issues are left for another day