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STATE v. RIVERA

No. A-1724-08T4

987 A.2d 618 (2010)

411 N.J. Super. 492

STATE of New Jersey, Plaintiff-Respondent, v. David RIVERA a/k/a David J. Rivera, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 2010.

Attorney(s) appearing for the Case

Sills, Cummis & Gross, P.C., Newark, for appellant (Richard J. Sapinski, of counsel and on the brief).

Camelia M. Valdes, Passaic County Prosecutor, for respondent (Christopher W. Hsieh, Special Deputy Attorney General, Acting Senior Assistant Prosecutor, of counsel and on the brief).

Before Judges CARCHMAN, LIHOTZ and ASHRAFI.

The opinion of the court was delivered by

LIHOTZ, J.A.D.

On February 6, 2008, defendant, David Rivera, was arrested for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant had submitted to a breath test, which was administered using the Alcotest 7110 MK III-C system with Firmware Version 3.11 software (Alcotest). The Supreme Court has concluded the Alcotest is "generally scientifically reliable" and, with the implementation of specified modifications...

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