If you have been charged with a driving infraction you should call the law firm of Spear Wilderman for advice. And, if you have been charged with driving while intoxicated (DWI), you really need to call. Best of all, your representation may be provided at no cost through your union benefits.

A case known as State v. Chun became the first in New Jersey to appeal a conviction all the way to the Supreme Court of New Jersey for driving while intoxicated stemming from a breath test result from a machine called the Alcotest. The Alcotest replaced the Breathalyzer and is manufactured by the Draeger Safety Diagnostics Corporation headquartered in Germany.

Chun is still pending before the Supreme Court of New Jersey on the sole issue as to whether the Alcotest is a scientifically reliable instrument for measuring blood alcohol by testing a person's breath. The Alcotest determines blood alcohol simultaneously in two ways. First the IR, or infrared, measures alcohol using a lighted tube that darkens when alcohol is introduced. The machine then measures how dark the tube has become. The darker the tube, the higher the blood alcohol reading. The Alcotest also takes a measurement using an electrochemical fuel cell, known as the EC reading. The amount of alcohol in a person's blood is determined by the amount of evaporation of a simulator solution when alcohol is introduced. The more solution that is used in taking the reading, the higher the blood alcohol. The Alcotest is also designed to determine if a person has alcohol in their mouth, which is known as a slope detector. The police must observe a person for twenty minutes before they are allowed to give a breath sample to further ensure that there is no alcohol or other substances in the subject's mouth while they are providing their breath sample. The police are also required to take two breath samples for a total of four blood alcohol readings.

Once the machine accepts and measures the breath sample a receipt is printed by the Alcotest and given to the accused. The printout states the date, time, police station, and the personal statistics of the accused, such as height, weight and age. And of course, it states the amount of alcohol in the person's blood according to the IR and EC readings, as well as the serial number of the machine used to take the test.

There are several objections by defense counselors to the machine's functionality. One is the fact that the machine will only test a breath sample if enough air is blown into the testing chamber. This has been a problem for people with breathing difficulties such as asthma. The result is then for the police to charge the individual with refusing to submit a breath sample. The "refusal" charge is just as serious as being charged with DWI and carries similar penalties. In most instances a person in this situation will be charged with DWI and refusal. A second issue for defense attorneys is one of fairness, due to the fact that Draeger will not turn over the software codes that run the Alcotest. The machine uses a program called Firmware and the designers refuse to share their proprietary information. Further distressing defense counsel is the fact that the machine has a modem, which leaves them to wonder if Draeger can effect the machine by communicating with the device through the modem.

These defense issues have led to the municipal courts of New Jersey offering a "Chun stay." This means that if a defendant pleads guilty or is convicted of DWI the judge will offer to stay, or postpone, the penalties enforced until the New Jersey Supreme Court renders its verdict on the reliability of the Alcotest. We hope their decision will be rendered in the next month or so.

If you need help with a traffic or criminal charge please do not hesitate to call Will Veitch, Esquire at Spear Wilderman's Cherry Hill, New Jersey office at (856)482-9799.

Spear Wilderman News Update

We are very pleased to announce that William Veitch, Esquire has joined the firm of Spear Wilderman.

Mr. Veitch was born and raised in Yardley, Pennsylvania and graduated from Pennsbury High School. He then graduated from The University of South Carolina with a B.A. in English prior to attending Widener University School of Law in Wilmington, Delaware, graduating with a J.D. While attending Widener he was a certified student-attorney and worked for the Eastern Environmental Law Center performing pro bono legal services to protect the environment in conjunction with the United States Department of Environmental Protection.

After graduating from law school Mr. Veitch began working in the real estate field as a New Jersey licensed title producer conducting closings and was also a professor at The College of New Jersey where he taught rhetoric in the school's English Department. He then began the practice of law as a general practice attorney in Mount Laurel, New Jersey and was installed as a prosecutor in the municipalities of Mount Laurel, Evesham, Lumberton, Florence and Delanco. He also performed the function of township solicitor to Wrightstown Borough and special solicitor to Burlington City. His primary focus areas are in real estate, criminal defense and traffic defense, with a personal interest in environmental law, although he continues to be open to a general practice environment.

Mr. Veitch will be located in Spear Wilderman's Cherry Hill, New Jersey office and can be reached at (856) 482-8799.