Trooper Dennis Alcotest Prior Convictions: Part 1

by | Jan 15, 2018 | Blog, Criminal Law, New Jersey

On November 28, 2017, Judge Lisa of the Appellate Division issued an order that affects most anyone accused of a second offense or greater DUI in New Jersey. In every case and every DUI sentence anywhere in the state, the prosecutor must ascertain whether that prior conviction had a reading that was calibrated by former New Jersey State Police Sergeant Marc Dennis. The prosecutor must provide the calibration signature as proof.

Sergeant Dennis is under indictment for official misconduct related to his falsifying Alcotest machine calibrations. Note that it is not enough for a prosecutor to surmise that Sergeant Dennis was not involved in a case because his routine assignment was somewhere else.

The Court’s order reads:

This matter being opened on the court’s own initiative and being entered, after notice to all parties, as a supplement to the November 2, 2017 order of this court staying certain proceedings in other courts, to effectively identify cases in which breath samples were provided on an Alcotest device calibrated by New Jersey State Police coordinator Marc Dennis, to which the November 2, 2017 stay order applies,

It is on this 28th day of November 2017, ORDERED AS

FOLLOWS:

  1. In any proceeding in any court involving a prosecution, conviction or sentence for a DWI offense for which the offense date was between January 1, 2008 and September 30, 2016, it shall be the affirmative obligation of the prosecutor in that proceeding to determine whether the defendant provided a breath sample on an Alcotest device that had been calibrated by coordinator Marc Dennis, and to produce documentary evidence of that determination to the defendant and the court;
  2. In any proceeding in any court involving a prosecution for an offense in which a prior DWI conviction constitutes a predicate offense to enhance the gradation or applicable punishment in that subsequent prosecution for another charge, or involving a sentence emanating from such a case that has been adjudicated, it shall be the affirmative obligation of the prosecutor in that proceeding to determine whether or not the defendant provided a breath sample on an Alcotest device that had been calibrated by coordinator Marc Dennis in that prior DWI case, and to produce documentary evidence of that determination to the defendant and the court.

IT IS FURTHER ORDERED that the Attorney General shall forthwith provide a copy of this order to all county and municipal prosecutors.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is the absolute BEST out there!! My experience with him was great he walked me thru everything and got my charges dropped!!!!!
Kat M
Google star 1Google star 2Google star 3Google star 4Google star 5
I recently retained Mr. Fred Sisto to represent my son regarding a very serious legal matter. If not handled correctly these charges could have resulted in bad consequences for my son's future prospects. Mr. Sisto's knowledge of the criminal justice system is evident since he was able to get all charges dropped as well as getting them expunged from his record. If you need a criminal justice attorney who will respond quickly to all your questions and concern,as well as achieve a satisfactory solution to your case I strongly recommend Attorney Fred Sisto.
Joseph M
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto is easy to work with. He explains all the intricate detail in an our language not lawyers lingo. He is also very responsive to questions you communicate to him. All of this and he was able to arrange a very favorable deal on top of being a good guy.
Frank T
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred, Thank you for the notifications on the DUI stops.
Joe F
Google star 1Google star 2Google star 3Google star 4Google star 5
Very dedicated lawyer. Highly recommend he communicates very well with you. If you have any doubts he’s always there to answer my questions or concerns. Super nice and understanding, definitely deserves 5- stars in my book .
Hirma O
Google star 1Google star 2Google star 3Google star 4Google star 5
I recommend good lawyer
Norman T
Google star 1Google star 2Google star 3Google star 4Google star 5
I was afraid, I got myself into a tough situation and thought there was no way out of it. Not only was I given help to lower my case but I was given the best possible outcome something I never thought was possible. Month of stress is now gone because of the help I was given. Spend the money now it could save you a ton in the future.
Ryan H
Google star 1Google star 2Google star 3Google star 4Google star 5
Thank you very much for your information on DUI check points. It is a great asset to the community . 5 stars for sure!
James P
Google star 1Google star 2Google star 3Google star 4Google star 5
Great Guy, would recommend him!
Adam W
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is extremely professional. He returned my emails or phone calls right away and did not hesitate to answer any questions that I had about my legal issues. He played bargained with the prosecutor and got five out of six of my offenses dismissed. I highly recommend him.
Jalang63