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Tuesday, May 19, 2009

05-13-09 State v. Pollock A-5958-07T4

05-13-09 State of New Jersey v. Geoffrey Pollock

Defendant appealed his conviction for a per se violation of
N.J.S.A. 39:4-50, driving with a blood alcohol concentration of
0.08 percent or more. We are called upon to determine whether
the semiannual-recalibration requirement for Alcotest machines,
established by the Supreme Court in State v. Chun, 194 N.J. 54,
cert. denied, ___ U.S. ___, 129 S. Ct. 158, 172 L. Ed. 2d 41
(2008), is applicable to cases in which the test was
administered prior to Chun and in compliance with the then
existing annual-recalibration protocol. Because we determined
that the change mandated by Chun wasto such, we affirmed the conviction.