New Jersey v. Cassidy

The issue this case presented for the New Jersey Supreme Court’s review centered on the State’s use of the Alcotest 7110 MKIII-C (Alcotest) to obtain breath samples from drivers suspected of driving under the influence of alcohol. In 2008, the Supreme Court found Alcotest results admissible in drunk-driving cases to establish a defendant’s guilt or innocence for drunk driving. The Court also required that the devices be recalibrated semi-annually to help ensure accurate measurements. Defendant Eileen Cassidy pleaded guilty in municipal court to driving under the influence based solely on Alcotest results showing her blood alcohol level had exceeded the legal limit. Upon learning that the results of her test were among those called into question from the New Jersey State Police’s Alcohol Drug Testing Unit; the coordinator responsible for administering the calibrations was criminally charged, and the samples taken from some 20,000 people were procured by machines calibrated by that coordinator. Cassidy moved to withdraw her guilty plea. A special master issued a 198-page report concluding the reliability of the Alcotest had been undermined by the coordinator’s faulty calibrations. As such, the State could not carry its burden of proving by clear and convincing evidence the Alcotest was scientifically reliable. The Supreme Court exercised its original jurisdiction to vacate Cassidy’s conviction. View "New Jersey v. Cassidy" on Justia Law