NJ Police Sgt. Suspended – 20,000 DWI’s May be Eligible to be Re-Opened
On September 19, 2016, it was released that State Police Sgt. Marc Dennis, a former coordinator in the State Police’s Alcohol Drug Testing Unit (“ADTU”), has been suspended pending an investigation into his calibration of Alcotest instruments. Sgt. Dennis was responsible for the calibration of Alcotest 7110 MKIII-C units in Middlesex, Monmouth, Ocean, Somerset, and Union Counties.
Specifically, the State is alleging that Sgt. Dennis failed to use the proper thermometer to test the simulator solutions prior to starting the calibration of the Alcotest 7110 MKIII-C units. This step is necessary under the Supreme Court’s decision in which set forth the necessary steps the State Police must undertake to properly calibrate the Alcotest instrument.
But, what does this mean for you? If you have had a DWI in Middlesex, Monmouth, Ocean, Somerset, or Union County in the last seven years and Sgt. Dennis was the State Trooper responsible for calibrating the Alcotest machine that you were tested on, you may be eligible to have your DWI re-opened. The New Jersey State Police have identified over 20,000 cases that may be effected by the ongoing criminal investigation into Sgt. Dennis. The State has provided the Administrative Office of the Court with the details regarding the individuals who may have been effected.
Without proper calibration, the Alcotest results may not be admissible for proving intoxication. If these results are found to be inadmissible, the State can still prove their case by way the Officer’s observations, but they would be unable to submit the Alcotest results at trial. For a first offense DWI this means that the State would be unable to prove the level of intoxication, therefore all suspensions for a first offense DWI would arguably be three (3) months, where they have been 7-12 months if convicted of a DWI. It could also mean that if your sentence imposed a mandatory interlock device because your Alcotest reading was above a 0.15%, you would no longer have a mandatory interlock device in your vehicle when we re-open your matter, potentially saving you significant amounts of money for instillation and upkeep.
There are a number of reasons you may want to re-open your DWI, whether it is a first, second, third, or subsequent DWI. You can contact the attorneys at theWolf Law for a free consultation at 732-741-4448, to discuss your current or former DWI matter where Sgt. Dennis was the State Trooper responsible for calibrating the Alcotest 7110 MKII-C Unit.