State v. Downie

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal involves yet another challenge to the scientific reliability of breathalyzers by defendants charged under N.J.S.A. 39:4-50. Specifically, defendants challenge the accuracy of the breathalyzer test results based on partition — ratio variability.

Defendants are charged with violating N.J.S.A. 39:4-50(a), which makes it unlawful for a person to operate “a motor vehicle with a blood alcohol concentration of 0.10% or more by weight of alcohol in the defendant’s blood ... ”. This provision enacted by 1983 amendment defines the per se…