STATE OF NEW JERSEY V. JOEL M. UGROVICS
A-4906-08T4 12-02-09
This appeal concerns the admissibility of the results of an
Alcotest. By leave granted, the State appeals from the order of
the Law Division suppressing the results of the Alcotest because
the arresting officer, rather than the Alcotest operator, was
the person who observed defendant during the twenty minutes
prior to him taking the test. In reaching this conclusion, the
trial court relied on what it characterized as the "procedures"
mandated 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).
We reverse. We hold that the State is only required to
establish that the test subject did not ingest, regurgitate or
place anything in his or her mouth that may compromise the
reliability of the test results for a period of at least twenty
minutes prior to the administration of the Alcotest. The State
can meet this burden by calling any competent witness who can so
attest.
