The plaintiffs filed in federal court, saying that this particular issue was not considered by the New Jersey Supreme Court in State v. Chun. On July 19, 2013, Newark U.S. District Court Judge Jose Linares dismissed the complaint because it was not filed under the state Products Liability Act, which he found was the exclusive remedy for harm caused by a product. However, Judge Linares said he will allow the plaintiffs to file an amended complaint, while expressing doubt that they would be able to prove harm.
Personally, while I don’t want to disparage another attorney’s lawsuit, this seems silly to me. While it may be true that this issue was not considered by the Supreme Court in Chun, and while I have seen some seemingly ridiculously long blowing times on certain Alcotest instruments, it doesn’t seem likely that any judge, even a federal one, is going to invalidate every DWI conviction that has been achieved utilizing the Alcotest. I suppose it is not completely outside the realm of possibility, but this seems to be quite a long shot to me. Updates, if any, will follow.
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