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By Law Office of Bartholomew Baffuto
February 20, 2008, Manasquan, New Jersey
MvDwi Announces Possible Reprieve for Previous DUI Convicts
MvDwi announces a judgment that brings a chance for a trial for previous DUI convicts, as a decision on the accuracy of the new breath alcohol tester will be handed down. One of Mr. Baffuto’s significant contributions as a DWI attorney is his active involvement in this landmark New Jersey Supreme Court case, where attorneys challenged the State to prove the scientific reliability of a new breath alcohol machine, the Alcotest 7110.
The New Jersey Supreme Court has been the forum for tenacious litigation and aggressive arguments pertaining to State of New Jersey v. Chun et al, for more than two years. Notwithstanding the overwhelming technical complexity in the case, Mr. Baffuto has successfully incorporated scientific and technical aspects into legal strategy giving new direction to the case.
This landmark DUI litigation has affected thousands of New Jersey drivers who have availed of the ‘Chun stay’ in which conviction orders have been stayed until the release of the Supreme Court’s final decision. The good news is that many such drivers may have the opportunity to go back to court for trial. Convicted New Jersey drivers are therefore, advised to prepare for trial. Those that lost a trial based on breath test evidence should have Mr. Baffuto review their conviction for a possible petition to re-open their case.
Having spearheaded the defense strategy in this litigation Mr. Baffuto recommends due diligence coupled with timely action as the Supreme Court is reportedly expected to provide findings on the scientific issues of the machine by mid-February. “When findings are issued, the defendant can request a hearing. Depending on how well the hearing goes, the defendant has a chance to try or retry the case, or even better, to win the case” says Mr. Baffuto.
The Law Office of Bartholomew Baffuto concurrently sends out word that convicts and their attorneys are to be served a new Court notice for execution of sentence and prompt action could help attorneys to obtain maximum mileage from the ‘Chun Stay’ and to present a strong defense.
As the defense strategist behind the landmark ‘Chun’ litigation, Mr. Baffuto is said to be available for consultations and to provide assistance to attorneys seeking first hand insights from the Chun Alcotest litigation.