STATE v. CASSIDY

A-58 September Term 2016 078390.

197 A.3d 86 (2018)

235 N.J. 482

STATE of New Jersey, Plaintiff-Appellant, v. Eileen CASSIDY, Defendant-Respondent.

Supreme Court of New Jersey.

Special Master Report May 4, 2018.

Argued September 12, 2018.

Decided November 13, 2018.


Attorney(s) appearing for the Case

Robyn B. Mitchell , Deputy Attorney General, Trenton, argued the cause for appellant ( Gurbir S. Grewal , Attorney General, attorney; Sarah C. Hunt and Sarah Lichter , Deputy Attorneys General, of counsel and on the briefs).

Michael R. Hobbie argued the cause for respondent (Hobbie, Corrigan & Bertucio, attorneys; Michael R. Hobbie and Elyse S. Schindel , of counsel and on the briefs).

Jeffrey E. Gold , Eatontown, argued the cause for amicus curiae New Jersey State Bar Association (New Jersey State Bar Association, attorneys; John E. Keefe, Jr. , President, of counsel and on the brief, and Jeffrey E. Gold , Arnold N. Fishman , and Miles S. Winder III , on the briefs).

Matthew W. Reisig , Freehold, participating attorney (Reisig Criminal Defense & DWI Law, attorneys; Matthew W. Reisig , of counsel and on the briefs, and Jeffrey Zajac , on the briefs).

John Menzel , Point Pleasant, participating attorney ( John Menzel, J.D. , on the briefs).

Evan M. Levow , Cherry Hill, participating attorney, submitted a brief (Levow DWI Law, attorneys).

CHIEF JUSTICE RABNER and JUSTICES LaVECCHIA, ALBIN, PATTERSON, FERNANDEZ-VINA, and SOLOMON join in JUSTICE TIMPONE's opinion.


The case before us concerns New Jersey law enforcement's use of the Alcotest 7110 MKIII-C (Alcotest) to obtain breath samples from drivers suspected of driving under the influence of alcohol. The Alcotest machine analyzes breath samples, producing blood...

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