The N.J. Law Journal reports:
Three years after New Jersey’s highest court ruled the Alcotest is a reliable gauge of drunkenness at the wheel, there are still hiccups to its unfettered use. On Tuesday, a state appeals panel held that further evidence is needed to determine if a thermometer used to calibrate the Alcotest passes muster with the Supreme Court’s mandate — though the judges hinted that it probably does.
In two consolidated cases, the appeals panel said the records below were too sparse to determine the reliability of the thermometer and they directed that a fact finding hearing be held within 60 days. In both cases, the thermometer was manufactured by Control Company Inc. rather than the Ertco-Hart probe made by Krackeler Scientific Inc., which had been used in the Court’s test to determine Alcotest reliability in State v. Chun, 194 N.J. 54 (2008).