The Appellate Division wasted little time in releasing its first decision based on the decision in State v. Holland. Yesterday, in the unpublished decision State vs. Donfield, the appellate court reversed the Bergen County Law Division’s decision to uphold the Franklin Lake Municipal Courts dismissal of a driving while intoxicated charge.
The municipal court suppressed the Alcotest results because the State used a thermometer manufactured by Control Company rather than the Ertco-Hart thermometer approved in State v. Chun. As I discussed earlier this week, the court has determined the State’s use of the substitute digital thermometer is now permissible in driving while intoxicated cases.
The defendant in the Donfield case will now have to return to the Franklin Lake Municipal Court for the driving while intoxicated charges that have been reinstated against him. It remains to be seen how many previously dismiss driving while intoxicated charges will be reinstated.