§ 13:51-3.5 Approved methods of chemical breath testing and approved instruments for the testing of a person’s breath by chemical analysis
(a) The Attorney General, pursuant to P.L. 1966, c.142, Sec. 3, as amended by P.L. 1971, c.273, Sec. 1 (N.J.S.A. 39:4-50.3), P.L. 1990, c.103, Sec. 17 (N.J.S.A. 39:3-10.25) and P.L. 1986, c.39, Sec. 8 (N.J.S.A. 12:7-56) and this subchapter, approves the following methods of chemical breath testing and the following instruments for use in the testing of a person‘s breath by chemical analysis.
1. Photometry is approved as a method of chemical breath testing.
i. The Breathalyzer, Model 900, is a Photometric instrument and is an approved instrument for use in the testing of a person‘s breath by chemical analysis.
ii. The Breathalyzer, Model 900A, is a Photometric instrument and is an approved instrument for use in the testing of a person‘s breath by chemical analysis.
iii. The Dominator Albreath is a Photometric instrument and is an approved instrument for use in the testing of a person‘s breath by chemical analysis.
2. Infrared analysis and electrochemical analysis, when utilized in a single approved instrument as a dual system of chemical breath testing, is approved as a method of chemical breath testing.
i. The Alcotest 7110 MKIII, is a chemical breath test instrument which employs both infrared analysis and electrochemical analysis as a dual system of chemical breath testing and is an approved instrument for use in the testing of a person‘s breath by chemical analysis.
HISTORY
HISTORY:
Amended by R.1985 d.441, effective September 3, 1985.
See: 17 New Jersey Register 1531(a), 17 New Jersey Register 2141(b).
Deleted (e).
Amended by R.1987 d.229, effective May 18, 1987.
See: 19 New Jersey Register 444(b), 19 New Jersey Register 882(b).
Added N.J.S.A. cites.
Amended by R.1991 d.505, effective October 7, 1991.
See: 23 New Jersey Register 2248(b), 23 New Jersey Register 3032(c).
Added to list of N.J.S.A. cites in (a), (b), (c), (d).
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
Rewrote the section.
CASE NOTES:
Breathalyzers manufactured by purchaser of patent and manufacturing rights did not have to be recertified where prior certification was of breathalyzer and not the manufacturer. State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133 (A.D.1989), certification granted 117 N.J. 52, 563 A.2d 819, reversed 120 N.J. 1, 575 A.2d 1340, certiorari denied 111 S.Ct. 429, 498 U.S. 967, 112 L.Ed.2d 413.
Failure to specifically approve particular manufacturers did not render results of breathalyzer test inadmissible. State v. Samarel, 231 N.J.Super. 134, 555 A.2d 40 (A.D.1989).
Finding that modified version of breathalyzer came within Attorney General‘s approval of breathalyzer; drunken driving conviction upheld. State v. Yerkes, 189 N.J.Super. 147, 458 A.2d 1345 (Law Div.1983).
Breathalyzer operator required to dispose of each test ampoule at the examination‘s conclusion; spot checking of a random ampoule is sufficient prima facie proof that chemicals in test ampoule were of proper kind and mixed in proper proportion. State v. Dickens, 130 N.J.Super. 73, 325 A.2d 353 (App.Div.1974).
