|
In State v.Chun (Supreme Court of New Jersey A-96-06, Docket No. 58,879), a third-party analysis of the software behind the Dräger AlcoTest 7110 MkIII-C breathalyzer found "19,400 potential errors in the code", including incorrect averaging of results, loss of precision, disabled error detection, and substitution of arbitrary values for out-of-range measurements.
In New Jersey (USA), the state Supreme Court remanded the matter to a Special Master to develop a record, conduct hearings, and report his findings and conclusions regarding the scientific reliability of the Alcotest 7110 MKIII-C. Having received the report of the Special Master, the Court concluded: "We are confident, based on this far-reaching and searching inquiry, that the device is sufficiently reliable so that the rights of all defendants have been protected. We are satisfied that, with the directions we here adopt for pending and future matters, the confrontation rights of all defendants have been, and will continue to be, protected. We have no doubt that the device, with the safeguards we have required, is sufficiently scientifically reliable that its reports may be admitted in evidence. And we are confident that, in so concluding, all of defendants' rights have been advanced and considered." See State of New Jersey v. Chun et al., 194 N.J. 54, 943 A.2d 114, at 148-149 (N.J. Sup. Ct. 2008), cert. denied, 129 S.Ct. 158 (U.S.N.J. Oct 06, 2008).
|