NJ Supreme DUI Case: State v. Chun Oral Argument Video:
Apr 17th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, DUI-DWI-DAI (Drunk Driving)There are thousands of people who have been charged with DUI in New Jersey whose cases are currently on hold waiting to hear the final decision by the NJ Supreme Court.
Below is the link to the live oral argument that occurred in Trenton on April 5, 2007. We all expect a decision shortly.
Special thanks to NJ attorney, Sam Sachs, Esq., Jefferson Audio Video Systems, Inc., and the MuniMail Service that helped provide this video.
Click here for Oral Argument
This video is great. I especialy liked the equal protection argument and right to confront the instrument. My case will hang on the first defense attorney’s argument, mainlly the breath temperature thing. However, I love the constitutional angle myself.
Also,
It really is not fair that the statute is written for blood alcohol content but the result is calcualted from breath.
We should do away with breath testing and have only blood testing done on split samples, one by the hospital, the opther by a private lab. If the result is over the limit, the defendant pays for the testing, if is is under the limit, the State pays. That would make everything much more accurate and reliable. There can be rule that the results of the 2 labs must be withi a certaim percent difference. That is that. That would solve all this mess.
Of course, one can always lok at the data from the gas chromatograph and come up with a reason why it is not reliable, but there the reason would be more clear, ie the internal standard was off, isoprpyl alcohol, which is widely used in any GC alcohol test. There are analytical reasons you would use an internal standard, for reliabilty and calulation purposes.
Lets all consider this the future for DUI. Get rid of all breath testing.
Jim
Mr Saile, I would like to see this video again, but everytime I go to play it , it stops after about a minute. The same things happens when I try to access it from Munimail website too. I have watched it previously many times from this computer, but for some reason I can not get more then the first minute anymore. Is it my computer or has something happened on the legal side that is preventing me form watching this video again?
Jim
Jim:
Unfortunately, I do not own or control this video. I have just provided a link for people who want to view the video. I can tell you that it is giving me the same problem today.
Thanks, I understand. I just wanted to let you know it was not working and has not been working for at least a few weeks now. Maybe Mr. Sachs has pulled it from the server for some reason.
The link to the oral argument is now on the Rutgers law site.
Here is thelink that works:
http://njlegallib.rutgers.edu/supct/args/A_96_06.php