02/26/2026
Unfrigginbelievable. If the government says it’s so… Believe what we say, the law doesn’t matter.
WTH? This is a memo released by the NJ Attorney General‘s office saying that the results of the uncertified, unverified, unproven Alcotest 9510 are admissible in court. They are not.
After 3 years of a failed attempt by the State to certify the results of this new breath testing machine through litigation the State know is required by New Jersey law, the State now claims that the readings from this machine are admissible based on the Supreme Court’s Order dismissing their failed litigation and lifting the Stay of the 30-40,000 pending cases. THE COURT DIDN’T HOLD THE 9510 READINGS TO BE ADMISSIBLE. THE STATE STILL HAS TO DEMONSTRATE THE RELIABILITY OF THIS NEW MACHINE, especially where the State has never proven the reliability of the predecessor machine the Alcotest 7110 MK III-C, where the court ordered eight specific changes to make the 7110 machine reliable back in 2008. The state never instituted any changes, the 7110 fell out of warranty, began failing, and the State simply switched machines, claiming this 9510 machine either has the changes, is better, or who knows what. They have not produced any information that this machine is reliable. THE STATE MUST STILL SECURE APPELLATE LEVEL APPROVAL THAT THIS MACHINE IS RELIABLE.
The State instituted a madated required by law nreliability assessment of the 9510 in State v. Cunningham three years ago. All cases that rely on the 9510 were stayed pending resolution of the Cunningham case. Tens of thousands of cases backed up. After 3 years, the Cunningham case was dismissed without a reliability finding. THE 9510 RESULTS ARE STILL NOT ADMISSIBLE WITHOUT AN APPELLATE DECISION holding the machine reliable, notwithstanding this ridiculous proclamation.
Stay vigilant defense attorneys and litigants!
