In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior to Test State v Filson

28 In DWI Alcotest, State Must Prove Defendant was Observed for 20 Minutes Prior to Test. State v. Filson 409 NJ Super. 246 (Law Div. 2009) In a DWI municipal appeal, the court held that before Alcotest results may be admitted into evidence, the state must prove, by clear and convincing evidence, that the defendant was observed for 20 minutes before taking the test. Eye-to-eye monitoring is not necessarily required, if the defendant is observed by sound and smell. Yet, if the observer leaves the room during the 20 minutes, observation must begin anew. What suffices as observation must be determined in view of the observation requirements purpose to assure that the suspect has not ingested or regurgitated substances that would confound the test results.Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney who has published 125 articles in national and New Jersey publications on probate, estate planning, criminal and litigation topics. He often lectures to trial lawyers of the American Bar Association, New Jersey State Bar Association and Middlesex County Bar Association. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association. He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. Kenneth Vercammen was selected one of only three attorneys as a Super Lawyer 2007-2008 in ...



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