NJ Supreme Court ruling could vacate thousands of DWI cases

<p>A New Jersey Supreme Court decision could cause more than 20,000 drunken driving convictions to be vacated.</p>

News 12 Staff

Nov 13, 2018, 5:12 PM

Updated 1,990 days ago

Share:

A New Jersey Supreme Court decision could cause more than 20,000 drunken driving convictions to be vacated.
In their unanimous decision issued Tuesday, the justices found that criminal charges against a state police sergeant who was in charge of calibrating breath-testing devices made the test results from five counties inadmissible as evidence.
The decision means that as many as 20,667 DWI convictions could now be challenged.
Authorities have alleged that Sgt. Marc Dennis skipped a required step in the calibration of the devices. He has denied any wrongdoing and has pleaded not guilty to records tampering and other charges.
The accusations called into question any test result involving a machine he handled, including devices used by local police in Middlesex, Monmouth, Ocean, Somerset, and Union counties between 2008 and 2016.
The ruling was based on a case brought by Eatontown attorney Michael Hobbie in 2016 for his client Eileen Cassidey. Cassidey pleaded guilty to drunk driving based on a breathalyzer test linked to Sgt. Dennis.
“If we would have known about it, she never would have pleaded guilty,” Hobbie says.
Cassidey died from an unrelated illness this past March. But with the court’s ruling, her conviction was vacated.
“The bigger issue is for people going back who pleaded guilty,” Hobbie says. “They paid their fine, they’ve had their license suspension, maybe had the interlock device and in some cases maybe served jail time. What do they do?”
New Jersey Attorney General Gurbir Grewal says that his office is still working out what will happen to some of the people who were convicted based on the tests.
“We’re still processing it and we’re still coming up with guidance for our county prosecutors and municipal prosecutors who handled many of these cases,” he says.
Hobbie urges anyone who may be impacted by the situation to seek legal advice about how to proceed.
The Associated Press wire services contributed to this report.


More from News 12
0:32
Kingston man charged in barbershop stabbing

Kingston man charged in barbershop stabbing

2:21
Chilly temps in the Hudson Valley will warm up as afternoon sunshine rolls in

Chilly temps in the Hudson Valley will warm up as afternoon sunshine rolls in

2:04
Movie theater experience: A close look at the Jacob Burns Film Center in Pleasantville

Movie theater experience: A close look at the Jacob Burns Film Center in Pleasantville

0:21
Funeral held for Westchester correction officer killed in Scarsdale motorcycle crash

Funeral held for Westchester correction officer killed in Scarsdale motorcycle crash

0:31
Police: 18-year-old Washingtonville man with autism has gone missing

Police: 18-year-old Washingtonville man with autism has gone missing

0:23
New Korean-style fried chicken restaurant opens in Mahopac

New Korean-style fried chicken restaurant opens in Mahopac

2:16
New Rochelle teacher receives birthday surprise from students, colleagues

New Rochelle teacher receives birthday surprise from students, colleagues

1:23
Pro-Palestinian demonstrators rally in Irvington during President Biden's visits to Westchester

Pro-Palestinian demonstrators rally in Irvington during President Biden's visits to Westchester

0:26
Hudson Valley communities receive bronze Climate Smart Certification

Hudson Valley communities receive bronze Climate Smart Certification

0:23
Rockland County sues New York state over when elections can be held

Rockland County sues New York state over when elections can be held

0:21
Greenwood Lake Board of Trustees appoints interim mayor

Greenwood Lake Board of Trustees appoints interim mayor

0:23
Police: 18-year-old facing charges in Walden shooting

Police: 18-year-old facing charges in Walden shooting

0:48
President Biden announces future opening of upstate microchip factory

President Biden announces future opening of upstate microchip factory

1:53
Shop Mother’s Day Gifts – Exclusive Offers Up to 75% OFF!

Shop Mother’s Day Gifts – Exclusive Offers Up to 75% OFF!

0:21
Rockland County DA: Haverstraw man pleads guilty in sexual abuse of 2 children

Rockland County DA: Haverstraw man pleads guilty in sexual abuse of 2 children

0:51
Indian Point oversight board, Holtec discuss decommissioning options of former nuclear plant

Indian Point oversight board, Holtec discuss decommissioning options of former nuclear plant

0:47
State police: DNA sample from human remains found does not match profile of missing Putnam teen

State police: DNA sample from human remains found does not match profile of missing Putnam teen

0:31
New mural of Yonkers hip-hop legend Mary J. Blige unveiled at Palisade Towers

New mural of Yonkers hip-hop legend Mary J. Blige unveiled at Palisade Towers

0:35
Police find evidence in burglary while investigating a domestic dispute in Monroe

Police find evidence in burglary while investigating a domestic dispute in Monroe

0:30
Wake services held for the Westchester correction officer who died in Bronx River Parkway crash

Wake services held for the Westchester correction officer who died in Bronx River Parkway crash