Sutnick & Sutnick Attorneys at Law

Bergen County


Call Anytime - Day or Night

Free Consultation

Menu Contact
Attorney Advertising
View Full Practice Areas List

Lawsuit calls 20,000 New Jersey DWIs into question

Breathalyzers are devices that are designed to take a breath sample from a driver and determine if the driver had consumed any alcohol. The device then takes this information and provides a blood-alcohol content percentage (BAC). Any BAC over 0.08 is over the legal limit in New Jersey and could result in driving while intoxicated (DWI) charges.

In theory, these devices sound like a great way to help keep the roads in New Jersey safe from drunk drivers. But what happens if the device is wrong? What happens if it says someone was drunk when they were not? That is the question currently being asked in New Jersey courts.

What case is questioning the reliability of breathalyzers in New Jersey?

A recent article by New Jersey News Radio discusses the case. It involves a woman who was pulled over for a broken light. During the stop, the officer conducted a field sobriety test, which she failed. She was arrested and a Breathalyzer test was conducted at the station. Her conviction, at least in part, was due to the results from this Breathalyzer test.

It has since come to light that the Breathalyzers used to gather evidence to support this conviction may have been faulty. Charges were issued by the state Attorney General's Office that accuses Sgt. Marc Dennis with failing to properly calibrate Breathalyzer instruments and records tampering.

Based on this information, the woman above became part of a federal class action suit that aims to throw out her own, along with thousands of similar, DWI cases that may have been impacted by the alleged actions of Sgt. Dennis.

At least three Breathalyzers were improperly calibrated, potentially impacting 20,600 cases. As a result, the case above is just one of many.

What does this mean for DWI cases in New Jersey?

This case provides an example of the complex nature of DWI cases. A DWI defense involves a review of all aspects of the charges, from the initial stop to the conviction and potential appeal.

As a result, those facing these or similar charges are wise to seek the counsel of an experienced New Jersey DWI lawyer. This legal professional will advocate for your rights, working to better ensure a more favorable outcome.

No Comments

Leave a comment
Comment Information

The Best Lawyers lists are issued by Best Lawyers; the Best Law Firms lists are issued by U.S. News and Best Lawyers. The Super Lawyers lists are issued by ThomsonReuters. Learn more about the selection methodology for these honors: Best Lawyers - Best Law Firms - Super Lawyers. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

 Attorneys at Law
Hackensack 201-212-4532

Hackensack Office
Court Plaza South, West Wing 21 Main Street, Suite 171
Hackensack, NJ 07601

Phone: 201-212-4532
Fax: 201-342-7557
Hackensack Law Office Map

Bronx Office
172 East 161 Street
Bronx, NY 10451

Phone: 201-212-4532
Phone: 212-414-4330
Fax: 201-342-7557
Bronx Office Location

Wayne Office
500 Valley Road
Wayne, NJ 07470

Phone: 201-212-4532
Fax: 201-342-7557
Wayne Office Location