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Supreme Court Appoints Special Master to Manage Cases in Alcotest Decision

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By Press Release

TRENTON – The Supreme Court Jan. 29 appointed retired Superior Court Judge Robert A. Fall to serve as a special master to coordinate and manage cases affected by State of New Jersey v. Eileen Cassidy.
According to a release, the order, signed by Chief Justice Stuart Rabner, addresses the management of more than 20,600 adjudicated driving-while-intoxicated cases where Alcotest machines not calibrated with the proper thermometer were used to take breath tests from defendants.
The Supreme Court ruled in November 2018 that tests obtained from the use of those uncalibrated machines were not reliable evidence.
Following a report on the scientific reliability of the tests, the Administrative Office of the Courts recommended a special master “to develop better processing of these cases, to provide greater consistency and efficiency, and to minimize conflicts and delays.”
Fall, who is on recall, will serve as a special master in addition to his other assignments. The order gives him the authority to make judicial and administrative decisions on a statewide basis regarding affected cases.

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