Mercer Times

The State of New Jersey has issued a notice regarding potential post-conviction relief for individuals arrested or convicted of Driving While Intoxicated (DWI) who provided breath samples on certain Alcotest instruments. This follows the rulings in State v. Zingis, 259 N.J. 1 (2024), and State v. Cassidy, 235 N.J. 482 (2018).

Two key documents are now available to the public to assist in determining eligibility for relief. The first document is a spreadsheet listing every breath sample given on affected Alcotest instruments between November 5, 2008, and April 9, 2016. The second document is a database containing PDFs of various affected calibration records.

Individuals who believe they may qualify for relief can file a petition under Court Rule 7:10-2 with the municipal court administrator where their conviction occurred. It is advised that those seeking guidance consult with either a private attorney or a municipal public defender to understand their entitlement and any necessary actions.