Were You Arrested or Convicted of DWI in NJ Between 2008-2016? You Might Be Entitled For Post-Conviction Relief

DWI_abazalaw

State of New Jersey v. Eileen Cassidy
DWI Post Conviction Relief

This notice is being posted in accordance with State v. Eileen Cassidy, 235 N.J. 482 (2018). Please read this notice carefully as you may be entitled to file a motion for post-conviction relief pursuant to Court Rule 7:10-2, if you were arrested and/or convicted of Driving While Intoxicated (“DWI”) sometime between 2008 and 2016. If you were convicted of DWI and gave a breath test sample on an affected Alcotest instrument, you may be entitled to post-conviction relief.
You may have received notice that legal proceedings were underway in State v. Eileen Cassidy, regarding a New Jersey State Police sergeant who calibrated several Alcotest instruments and failed to follow the proper protocol. The legal proceedings are now completed. The Court found that the sergeant’s failure to follow the established protocol adversely affected the scientific reliability of breath tests taken on Alcotest instruments calibrated by him, and ruled that the results from those instruments are inadmissible in court. Therefore, if you gave a breath sample on an Alcotest instrument calibrated by this sergeant, the results of those breath tests cannot be used as evidence in your DWI case, and you might be entitled to post-conviction relief. If you believe that you might be entitled to relief, you may file a petition for post-conviction relief pursuant to Court Rule 7:10-2 with the municipal court administrator where you were convicted. You may consult with a private attorney or municipal public defender, if available, to determine whether you are entitled to relief and/or what action if any you should take.

In State of New Jersey v. Eileen Cassidy, 235 N.J. 482 (2018), the New Jersey Supreme Court found that the sergeant’s failure to follow the established protocol adversely affected the scientific reliability of breath tests taken on the Alcotest instruments calibrated by him and ruled that the results from those instruments are inadmissible in court. (see Cassidy opinion, here)

Notice will be sent to affected defendants at the address given at the time of arrest for the DWI. (see notice)

If you believe you might be an affected defendant but did not receive notice, you might be entitled to relief if you meet all of the following conditions:
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 County Towns

Monmouth County Towns
Ocean County Towns
Somerset County Towns
Union County Towns
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.

For further information, please visit the following County Prosecutors’ websites:
Middlesex County Prosecutor

Monmouth County Prosecutor

Somerset County Prosecutor

Union County Prosecutor

Ocean County Prosecutor

Leave a comment