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State v. Chun, et al.: New Jersey Supreme Court DWI Case

D. Do Not Give Up On An Alcotest 7110 Case

Some attorneys say, “there is not much you can do about the new machine.” I do not agree. There are many defenses against evidence from the new machine, Alcotest 7110. Compared to the Breathalyzer, Alcotest 7110 is much more hi-tech and complex. There is no easy way to defend against an Alcotest 7110 case but it is still winnable. The machine and the legal aspects are admittedly technical and complex, but experience, knowledge, and skill can turn those complexities against the State. I continually educate myself about the new machine including the technology used, scientific research, etc. I am the right attorney to defend your DWI.

Here is one example of my winning cases against Alcotest 7110 evidence.

EC1 = 0.096
IR1 = 0.094
EC2 = 0.096
IR2 = 0.094
Prosecution BrAC = 0.09
After a trial, Not Guilty on DWI

You can see more sample winning cases of DWI here

Because of this “Chun” litigation, many people have already pled guilty with certain conditions. This is called a “conditional plea”, in which the defendant was convicted but could wait until the Supreme Court ruled on the issues of the scientific reliability of the Alcotest 7110 MKIII-C before execution of sentence (this is often called a “Chun Stay”).

I personally do not believe in pleading any clients guilty, especially under this conditional plea procedure. I am the one who led the fight on the machine. As a matter of fact, I fight all the way. In almost all cases, I do not plead my clients guilty.


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1The figure is as of May 29, 2007. Win rate is defined as the number of clients not convicted for DWI divided by the total number of clients who were charged with DWI. The clients are those who retained this office after 2005. Each case varies. Under any circumstance, we do NOT guarantee a successful outcome in any individual case.

2The figure is as of May 29, 2007. Win rate is defined as the number of clients not convicted for No Automobile Liability Insurance divided by the total number of clients who were charged with said charge. The clients are those who retained this office after 2000. Each case varies. Under any circumstance, we do NOT guarantee a successful outcome in any individual case.


     
 
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Copyright January 3, 2007 © Bartholomew Baffuto, Esq. All rights reserved.