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STATE v. CLEVERLEY

792 A.2d 457 (2002)

348 N.J. Super. 455

STATE of New Jersey, Plaintiff-Respondent, v. Mark CLEVERLEY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 27, 2002.

Attorney(s) appearing for the Case

Peter M. O'Mara, Red Bank, attorney for appellant.

Thomas F. Kelaher, Ocean County Prosecutor, attorney for respondent (Thomas Cannavo, Assistant Prosecutor, on the brief).

Before Judges CONLEY, A.A. RODRIGUEZ and LISA.

The opinion of the court was delivered by LISA, J.A.D.

We are called upon to determine in this case whether a revision in the standard protocols for use by State Police coordinators in testing breathalyzers affects the admissibility in evidence in driving while intoxicated (DWI) prosecutions of the Breath Test Inspectors' Inspection Certification (BTIIC) to establish that the breathalyzer was in proper working order. Defendant contends the BTIIC's should not have...

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