STATE OF NEW JERSEY VS. DAVID RIVERA a/k/a
DAVID J. RIVERA
A-1724-08T4
01-28-10
Reviewing defendant's challenge to the admission of
Alcotest results relied upon to support a per se violation of
N.J.S.A. 39:4-50, we rejected a suggested methodology requiring
the State to truncate the intermediate calculations of the
relative and absolute upper tolerance limits when discerning
whether the Alcotest readings obtained were valid. We concluded
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) expressed no
preference for truncating the various interim calculations on
Worksheet A, which would have the resultant effect of lowering
the range of tolerance below that approved by the Court with the
concomitant result of falsely increasing the number of invalid
Alcotest results, precluding juviolations of N.J.S.A. 39:4-50.
