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Rick DeMichele
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Rick DeMichele

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.

Alcotest Reading Excluded Results in a Reduced Sentence

Alcotest 7110
Alcotest 7110
Our firm recently represented a client charged with DWI in Monroe Township, New Jersey, and the Alcotest reading came into play in a big way. According to the discovery produced by the state, our client registered a .20 BAC on the Alcotest.  As a result, he was charged with DWI, reckless driving, and NJS 2C:12 -1C(1) Assault by Automobile. If the Alcotest reading was admitted into evidence, our client would have faced a minimum 7 month loss of licence and the imposition of an ignition interlock device once the client’s licence was restored plus other fines and costs (you can review the penalties for a DWI conviction in New Jersey by clicking here). Keep in mind that the Alcotest  reading is only admissible if the state is able to provide all of the required proofs for its admission into evidence.  The required proofs including ascertaining whether the Alcotest was properly calibrated, if it was working properly,  and whether it was administered in the correct way at the time of the test. After a careful review of the state’s discovery and consultations with an Alcotest expert, we were able to convince the prosecutor that the Alcotest machine on this particular occasion did not “lock out” for two minutes between the ambient air check and the sample that was provided by the defendant.   The Alcotest performs an ambient air check between each sample to ensure there is no residual alcohol in the machine that could contaminate the defendant’s breath sample.  A contaminated breath sample reading could be higher than the actual blood alcohol content of the defendant.  Consequently, it is unreliable and most importantly inadmissible at trail.   The end result for our client was that the results of the Aloctest were not offered into evidence.  This outcome proved critical for our client. As a result of the inadmissibility of the Aloctest results, the Defendant was able to plead guilty to a “first tier” DWI. That means his driver’s license was only suspended for a 3-month period instead of 7 months; moreover, the installation of the interlock device was not imposed.  The difference in the sentencing outcome saved our client thousands of dollars and dramatically lessened the negative impact on his life. We’re here to help you, too. If you or a loved one needs strong representation in Monroe Township Municipal Court or any other municipal court in New Jersey, contact the municipal court defense lawyers at DeMichele & DeMichele today. We are here to defend the charges against you. Contact us now for your confidential and free initial consultation. You can also reach us by telephone (856) 546-1350. Don’t just plead guilty and risk your driving privilege or driving record. ______ 
The outcome of every DWI case is very fact specific.  Your particular case results will vary depending on a wide range of legal issues and other factors.  The facts of your case may not apply to or relate to the results of the case described above.
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Rick DeMichele
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Rick DeMichele

Richard A. DeMichele, Jr. is a seasoned litigator, devoting a substantial part of his practice to family law and personal injury matters.
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