State v. Chun
215 N.J. 489
| N.J. | 2013Background
- This Court previously issued a unanimous opinion on the Alcotest 7110 MKXII-C reliability (Chun).
- Motions M-1538, M-1540 argued State failed to implement March 17, 2008 Order and central database integrity.
- M-1539 sought to modify the Order to allow continued use of Firmware 3.11; State asserted 3.13 would render the database unusable.
- State presented affidavits from OFS Director Baum and researcher Alaouie regarding database integrity.
- Defendants argued noncompliance with Paragraph 2 of the March 17 Order and that Alcotest is unreliable.
- Amicus urged appointment of a Special Master to oversee compliance and enforcement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State complied with the March 17, 2008 Order on the centralized database | Chun argues State failed integrity safeguards | State contends database is compliant | Yes; database is fully in compliance |
| Whether to grant relief from compliance with Paragraph 2 of the Order | Defendants contend noncompliance warrants relief | State shows unanticipated adverse impact from 3.13 | Granted; State excused from Paragraph 2 |
| Whether Alcotest 3.11 remains scientifically reliable and admissible | Alcotest 3.11 is unreliable under 3.11 | 3.11 remains reliable with proper procedures | Yes; 3.11 remains reliable and admissible under the Order |
| Whether 3.13 would render the database unusable and justify avoidance of compliance | 3.13 would impair database viability | 3.13 would render database unusable | Found that 3.13 would adversely affect database viability; relief granted |
| Whether a remedy is needed to protect equal protection for women over 60 in AIR admissibility | Air results inadmissible; need equal protection remedy | No additional remedy required beyond Order | Additional remedy deemed necessary; special protection for women over 60 |
Key Cases Cited
- Pasqua v. Council, 186 N.J. 127 (N.J. 2006) (willful noncompliance not shown; compliance context cited)
- Manalapan Realty, L.P. v. Twp. Comm. of Manalapan, 140 N.J. 366 (N.J. 1995) (unanticipated adverse impact governs compliance flexibility)
- Pasqua v. Council, 186 N.J. 127 (N.J. 2006) ((repeated) standard for willful noncompliance)