The Alcotest 7110 MK III breath test instrument, which uses both infrared analysis and electrochemical analysis as a dual system of chemical breath testing, is scientifically reliable and accurate. Hence, chemical breath test readings produced by the 7110 may be introduced into evidence in a prosecution for violation of N.J.S.A. 39:4-50, N.J.S.A. 12:7-46 without the need for the state to produce expert witnesses in each and every case. However, a large and unacceptable number of persons were charged with refusal that made an attempt to deliver a breath sample. Therefore, no person who delivers a breath sample of at least .5 liters on the Alcotest 7110 MK III may be charged with refusal pursuant to N.J.S.A. 39:4-50.4(a). Breathalyzer machines are not being timely inspected. Machines are not being repaired in Middlesex County.
For representation in DWI, criminal and trial matters, contact Kenneth Vercammen at 732-572-0500. Kenneth Vercammen is a Litigation Attorney in Edison, NJ, approximately 19 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on legal topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey. He has spoken on Wills and Elder law on numerous occasions to the Adult Community Schools in Metuchen, Sayreville, Old Bridge, South Brunswick and Edison/Clara Barton Seniors and Perth Amboy Seniors.
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested hearings. He is also a popular speaker for the American Bar Association's General Practice Section and Law Practice Management Section.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court), with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Dept as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.
