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STATE v. HOLLAND

Docket No. A-4384-09T3, A-4775-09T3

32 A.3d 571 (2011)

423 N.J. Super. 309

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

Superior Court of New Jersey, Appellate Division.

Decided December 20, 2011.

Remanded April 5, 2011.

Re-argued November 7, 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 argued the cause for respondent Nicole Holland (Law Offices of Alexander M. Iler , Red Bank, attorneys; Mr. Iler , on the brief).

Before Judges PARRILLO, ALVAREZ and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

We had granted leave to appeal in these two matters (Holland and Pizzo) 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...

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