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STATE v. FOLEY

851 A.2d 123 (2003)

370 N.J. Super. 341

STATE of New Jersey, Plaintiff, v. Arnold FOLEY, Adam Gerzoff, Timothy Reid, Marjorie Proud, Paul Berry, Michael Bianco, Cheryl May, Lara Howell, Walter Behrle, Kristin Hahn, Paul Collins, Timothy Stillwell, Patrick Kollasch, John Clark, Nicholas Gagliardi, Robert Ferreri, Christopher Pasin, Hector Ramirez, Kyan Julius, and Fernando Cartagena, Defendants.

Superior Court of New Jersey, Law Division, Camden County.

Decided December 12, 2003.

Attorney(s) appearing for the Case

Joshua Ottenberg, Assistant Prosecutor, and Gladys Rodriguez, Assistant Prosecutor, appearing for plaintiff (Vincent P. Sarubbi, Camden County Prosecutor, attorney).

Stephen Monson, Deputy Attorney General, and Christine Hoffman, Deputy Attorney General, appearing for plaintiff (Peter C. Harvey, Attorney General, attorney).

Jeffrey Gold, Cherry Hill, appearing for defendant Arnold Foley (Gold & Laine, attorneys).

Arnold Fishman, Haddon Heights and Craig R. Fishman, appearing for defendant Robert Ferreri.

Peter H. Lederman, Piscataway, appearing for defendant Marjorie Proud (Lamurro, Davison, Eastman & Munoz, attorneys).

John Menzel, Point Pleasant, appearing for defendant Fernando Cartagena.

ORLANDO, A.J.S.C.

This is a pre-trial hearing to determine the scientific reliability of the Alcotest 7110 MKIII C (hereinafter 7110) breath test instrument.

This court concludes that the 7110, which uses both infrared analysis and electrochemical analysis as a dual system of chemical breath testing, is scientifically reliable and accurate. Therefore, chemical breath test readings produced by the 7110 may be introduced in evidence in a prosecution for violation...

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