In New Jersey, the New Jersey Appellate Court ruled that the "police officer who gives an Alcotest to a suspected drunken driver does not have to be the same person who monitors the motorist before the test to ensure he or she doesn't compromise the outcome by eating or vomiting."
The State Court of Appeals stated, "The essence of (the) requirement is to ensure that the test subject has been continuously observed during this critical twenty-minute window of time...the identify of the observer is not germane to this central point. The state can meet this burden by calling any competent witness who can so attest.''
The Defense in this case may appeal because their belief is that the Alcotest operator should be the pre-test observer.
In Alabama, the above issue is address by the Administrative Code of the Alabama Department of Forensic Sciences. The operator of the machine pursuant to the Alabama Department of Forensic Sciences Administrative Code must obey the following:
6. ARREST OFFICER SAME AS OPERATOR: The operator must designate whether the breath test operator is or is not the arresting officer. Enter “Y” for yes or “N” for no. If the arresting officer is not the breath test operator then the following information identifying the arresting officer will also be required.
Thank you. Remember if you get a DUI it is important to hire competent legal counsel to help protect your legal rights; the DUI laws are oftentimes complex in the nuances of the law.
The State Court of Appeals stated, "The essence of (the) requirement is to ensure that the test subject has been continuously observed during this critical twenty-minute window of time...the identify of the observer is not germane to this central point. The state can meet this burden by calling any competent witness who can so attest.''
The Defense in this case may appeal because their belief is that the Alcotest operator should be the pre-test observer.
In Alabama, the above issue is address by the Administrative Code of the Alabama Department of Forensic Sciences. The operator of the machine pursuant to the Alabama Department of Forensic Sciences Administrative Code must obey the following:
6. ARREST OFFICER SAME AS OPERATOR: The operator must designate whether the breath test operator is or is not the arresting officer. Enter “Y” for yes or “N” for no. If the arresting officer is not the breath test operator then the following information identifying the arresting officer will also be required.
Thank you. Remember if you get a DUI it is important to hire competent legal counsel to help protect your legal rights; the DUI laws are oftentimes complex in the nuances of the law.