Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Jane H. Chun, Daria L. De Cicco, James R. Hausler, Angel Miralda…

March 17, 2008194 N.J. 54

Summary

The Supreme Court of New Jersey affirmed the scientific reliability of the Alcotest 7110 MKIII-C breath‑testing device but imposed several conditions for its evidentiary use, including retaining the 2100:1 blood/breath ratio, adopting a reduced minimum breath volume of 1.2 L for women over sixty, rejecting the need for a breath‑temperature sensor and a 6.58 % BAC reduction, and tightening the tolerance range to ±0.005 % BAC or ±5 % of the mean whichever is greater; the Court also required operator testimony and disclosure of foundational documents to satisfy the Confrontation Clause.