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STATE v. DOWNIE

117 N.J. 450 (1990)

569 A.2d 242

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ANDREW DOWNIE, DANIEL MATTHEWS, MARTIN J. MAROTTA, AND CHARLES F. CARROLL, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Remanded March 23, 1989.

Reargued October 23, 1989.

Decided January 31, 1990.

Attorney(s) appearing for the Case

Michael R. Speck, Stephen M. Pascarella and Francis X. Moore argued the cause for appellants (Francis X. Moore, attorney; Michael R. Speck, on the brief).

Mark P. Stalford, Assistant Prosecutor, argued the cause for respondent (John Kaye, Monmouth County Prosecutor, attorney).

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter N. Perretti, Jr., Attorney General, attorney).

E. John Wherry, Jr., submitted briefs on behalf of amicus curiae National Association of Criminal Defense Lawyers (Voorhees, Bennet & Wherry, attorneys).

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...

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