
DWI offenders (2008-2016) in Middlesex, Monmouth, Ocean, Somerset, and Union counties may be eligible for post-conviction relief
NEW JERSEY — A recent court ruling in the State v. Zingis case has opened the door for post-conviction relief for individuals who were arrested or convicted of Driving While Intoxicated (DWI) and provided a breath sample on an affected Alcotest instrument between 2008 and 2016.
The ruling, based on the precedents set in State v. Cassidy (2018), determines that those who were tested with inaccurate equipment may now challenge their convictions.
In a ruling stemming from the State v. Cassidy, the New Jersey Supreme Court found that a New Jersey State Police sergeant had improperly calibrated several Alcotest instruments, undermining the scientific reliability of breath tests conducted on them. As a result, the court ruled that any breath test results obtained from these affected instruments were inadmissible in court.
As a result, individuals who gave breath samples on these machines during their DWI arrests may be entitled to post-conviction relief. The New Jersey Motor Vehicle Commission (MVC) has made two crucial documents available to help individuals determine if they are affected:
- A spreadsheet listing all breath samples taken on these faulty Alcotest instruments from November 5, 2008, to April 9, 2016.
- A database containing PDFs of the affected calibration records.
Both documents can be accessed online to help individuals review their eligibility for post-conviction relief. Those who meet the criteria—having been arrested for DWI between 2008 and 2016, provided a breath sample that resulted in a BAC reading, and were convicted—may file a petition for post-conviction relief under Court Rule 7:10-2. This petition should be filed with the municipal court administrator where the original conviction occurred.
The court’s decision stems from the failure of the sergeant to follow established protocols when calibrating the Alcotest machines, which invalidated the breath test results for DWI cases involving the affected equipment. If individuals believe they may be affected, they are urged to consult with a private attorney or municipal public defender to determine whether they are eligible for relief and to discuss what actions to take next.
Notice of the potential for post-conviction relief will be sent to affected defendants at the address they provided at the time of their arrest. For those who may not have received notice but believe they may qualify, the eligibility requirements are outlined below:
- You were arrested for DWI between 2008 and 2016;
- You provided a breath sample on a breath testing instrument that resulted in a BAC reading;
- You were issued a summons charging you with DWI;
- You were convicted of DWI; and
- Within this time period, you gave a breath sample on a breath testing instrument located in one of the following towns in the following counties: Middlesex, Monmouth, Ocean, Somerset and Union.
If you believe you might be entitled to relief, you may file a petition for post-conviction relief with the municipal court administrator where you were convicted. You can also consult with a private attorney to determine whether you are entitled to relief and/or what action, if any, may be appropriate.