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STATE v. HOLLAND

Nos. A-4384-09T3, A-4775-09T3.

27 A.3d 1212 (2011)

422 N.J. Super. 185

STATE of New Jersey, Plaintiff-Appellant, v. Nicole HOLLAND, Defendant-Respondent. State of New Jersey, Plaintiff-Respondent, v. Kenneth Pizzo, Jr., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 5, 2011.

Attorney(s) appearing for the Case

Monica do Outeiro , Assistant Prosecutor, argued the cause for State of New Jersey, appellant in Docket No. A-4384-09T3 and respondent in Docket No. A-4775-09T3 ( Peter E. Warshaw, Jr. , Monmouth County Prosecutor, attorney; Ms. Outeiro , of counsel and on the brief).

John Menzel , Point Pleasant , argued the cause for appellant Kenneth Pizzo, Jr.

Alexander M. Iler , Red Bank , argued the cause for respondent Nicole Holland (Law Offices of Alexander M. Iler , attorneys; Robert W. Ruggieri , of counsel; Mr. Iler , on the brief).

Before Judges PARRILLO, YANNOTTI and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

We granted leave to appeal in these two matters, consolidated for the purposes of this opinion, to resolve a common issue: whether blood alcohol concentration (BAC) results derived from an Alcotest 7110 MKIII-C (Alcotest) breath-testing device are admissible against defendants in driving while intoxicated (DWI) prosecutions when the device has been calibrated with a Control Company, Inc. (Control...

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