Prosecutor: DWI Convictions Between 2008 and 2016 Could be Overturned

From the Monmouth County Prosecutor …

On November 13, 2018, the New Jersey Supreme Court decided the case of State of New Jersey v. Eileen Cassidy. The Court found that all blood alcohol content (“BAC”) results reported by Alcotest machines “calibrated” by former New Jersey State Police Sergeant Marc Dennis between 2008 and 2016 are not scientifically reliable and, therefore, are inadmissible as evidence in prosecutions of Driving While Intoxicated (“DWI”).

The Cassidy decision can be by visiting: https://njcourts.gov/attorn…/…/opinions/supreme/a_58_16.pdf… .

If you were convicted of a DWI or other drunk-driving related offense between 2008 and 2016, based upon BAC results obtained from a Sergeant Dennis effected Alcotest machine, you must take what the Court calls “appropriate action” to obtain “appropriate relief” from your conviction. Relief under the State v. Cassidy decision is not automatic.

A means to obtain relief as identified by the Court, is to file a petition for post-conviction relief in the court where you were convicted. The procedures for filing such petitions are contained in New Jersey Court Rule 7:10-2. The Rule can be found at: https://njcourts.gov/attorneys/assets/rules/r7-10.pdf .

The Monmouth County Prosecutor’s Office is not authorized to provide those affected by Sergeant Dennis’s conduct with any additional advice on obtaining Cassidy relief. Questions on how to obtain Cassidy relief can be obtained from a private attorney or the municipal public defender for the town associated with your DWI conviction, if there is one.

Other Resources:
https://www.nj.gov/oag/