A-58-16 State v. Eileen Cassidy (078390)
What impact, if any, does a failure to test the simulator solutions with the NIST-traceable digital thermometer before calibrating an Alcotest machine have on the results of a breath test performed on that machine?
[Note: This matter is remanded to a special master, Judge Joseph F. Lisa, J.A.D. , currently serving on recall, to consider and decide the following question, along with any other questions that Judge Lisa, in his discretion, deems relevant: “Does the failure to test the simulator solutions with the NIST-traceable digital thermometer before calibrating an Alcotest machine undermine or call into question the scientific reliability of breath tests subsequently performed on the Alcotest machine?” All motions to participate in the remand must be served and filed with the Special Master on or before May 8, 2017.]
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- Certification granted : April 7, 2017
- Posted: April 10, 2017
- Argued: Sept. 12, 2018
- Decided: Nov. 13, 2018