The New Jersey Attorney General’s office has released records related to 20,000 DWI cases that may have been affected by improperly calibrated breath test machines. The cases, spanning from 2008 to 2016, involve Alcotest devices that were supposed to measure blood alcohol content but may not have been reliable due to improper calibration by former State Police Sergeant Marc Dennis.
Dennis, who was responsible for calibrating the machines, failed to follow required protocols. This led to a 2018 New Jersey Supreme Court ruling in State v. Eileen Cassidy, which determined that test results from these machines were inadmissible in court. In August 2024, another case, State v. Thomas Zingis, reinforced that defendants could seek post-conviction relief if their case involved one of the affected devices.
What This Means for Convicted Individuals
Anyone convicted of DWI between 2008 and 2016 could have grounds to challenge their conviction if their case involved a faulty breath test. The state has published two key documents to assist individuals in determining whether their case was affected:
- S-152 Spreadsheet – Lists all Alcotest samples taken from November 5, 2008, to April 9, 2019.
- Dennis Calibration Repository – A database of calibration records showing which machines were maintained by Marc Dennis.
A conviction based on unreliable breath test results can have lasting consequences, including license suspension, increased insurance rates, and even employment challenges. Those affected should consider legal options to have their records cleared.
Convictions at Risk of Being Overturned
The extent of the issue is significant. New Jersey law enforcement agencies use breath tests as primary evidence in DWI cases, meaning thousands of convictions may have been based on faulty data.
- 20,000 cases have been identified as potentially compromised.
- The National Highway Traffic Safety Administration (NHTSA) states that breath test machines can have an error margin of up to 15%, making proper calibration essential for accuracy.
- Studies have shown that one in four breath test results could be inaccurate due to maintenance errors or improper calibration.
Given these figures, many individuals may be eligible for post-conviction relief and should act quickly to review their case details.
Marc Dennis’ Role and Conviction
Marc Dennis, who was in charge of maintaining and calibrating Alcotest devices, was suspended in 2016 after authorities discovered he had falsely reported completing required calibration procedures. While on suspension, Dennis misused his police identification to avoid traffic stops, leading to multiple charges.
- In 2022, a jury found him guilty of official misconduct and theft of public records.
- He was sentenced to five years in prison in March 2023.
- His parole eligibility date is set for May 2027.
Despite the legal actions taken against Dennis, thousands of DWI convictions were already handed down based on unreliable test results.
Steps for Those Affected
Individuals who believe their conviction was based on one of the faulty breath test machines should take the following steps:
- Check the Records – Review the S-152 spreadsheet and Dennis Calibration Repository to see if their test was affected.
- Consult a Lawyer – An attorney can file for post-conviction relief, potentially leading to an overturned conviction.
- Contact the Court – Those without legal representation should reach out to the municipal court administrator where their case was heard.
A DWI conviction can impact driving privileges, employment, and personal reputation. Those affected by these faulty tests may have a path to clearing their record.
Take Action Now
If you or someone you know was convicted of DWI in New Jersey between 2008 and 2016, you may have the right to challenge the conviction.
I can review your case and the evidence against you and advise you as to all possible defenses to make sure that you are properly represented on your NJ criminal drug charges. Please Contact Us Today by email, by phoning 908.264.7701, or by completing the form to the right to schedule your complimentary 30-minute strategy session.
