Linden Municipal Court BAC Reading Dismissed

Timothy J. Broking, Esq. of Aiello, Harris, Abate, Law Group PC appeared in Linden Municipal Court, 301 N. Wood Avenue, Linden, NJ before the Honorable Louis M. DiLeo, JMC.  Municipal Prosecutor, Nicholas Scutari, Esq.

The defendant was charged with several moving violations and driving while intoxicated, (D.W.I.) in violation of N.J.S.A. 39:4-50.  The defendant’s blood alcohol content (BAC) registered a reading of .13.  Following a control test failure of the Alcotest machine, the defendant was transported to a neighboring town where she was able to provide samples on a properly working Alcotest machine.  Mr. Broking filed a motion to suppress the Alcotest results due to the fact that the state failed to provide discovery from the neighboring jurisdiction.  The prosecutor agreed to dismiss the blood alcohol reading and all related moving violations.