This notice is posted in accordance with State v. Zingis, 259 N.J. 1 (2024). If you were arrested and/or convicted of Driving While Intoxicated (“DWI”) and gave a breath sample on an affected Alcotest instrument, you may be entitled to post-conviction relief. This follows State v. Cassidy, 235 N.J. 482 (2018). That press release can be found here.

The public now has access to two documents that can help determine whether you may be entitled to post-conviction relief. The first is a spreadsheet of every breath sample given on affected Alcotest instruments between November 5, 2008, and April 9, 2016. The second is a database containing PDFs of the various affected calibration records. They can be found here.

If you believe that you may be entitled to relief, you may file a petition for post-conviction relief under Court Rule 7:10-2 with the municipal court administrator where you were convicted. You may consult with a private attorney or municipal public defender, if available, to determine whether you are entitled to relief and/or what action, if any, you should take.

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