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Court decision could overturn thousands of NJ DWIs

November 13, 2018 - 12:05 pm
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TRENTON, NJ (1010 WINS) -- Tens of thousands of DWIs in New Jersey could be overturned thanks to breathalyzer machines that weren't calibrated correctly.

The New Jersey Supreme Court announced on Tuesday, that over 20,000 breath tests were inadmissible.

"For those cases already decided, affected defendants may now seek appropriate relief," the court wrote.

In October 2017, prosecutors informed thousands of people who were charged with DWI that their cases were being reviewed due to a missed step in the calibration of a breath testing machine.

"As we're still processing it and we're still coming up with guidance for our municipal prosecutors and our county prosecutors," New Jersey State Attorney General Gurbir Grewal said.

Officials said the sergeant who calibrated the machine did so without using a thermometer to check a control solution that's supposed to remain at body temperature. An improperly working control solution can affect the accuracy of test results.

"This particular individual, Sergeant Dennis, he's the subject of a pending criminal case," Grewal said.

The ruling could affect DWI cases that were exclusively reliant on breathalyzer results.