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Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Friday, February 17, 2017

39:4-50.3. Method of analyses; approval of techniques; certification of analysts; reports; forms

Chemical analyses of the arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General.  The Attorney General is authorized to approve  satisfactory techniques or methods, to ascertain the qualifications and  competence of individuals to conduct such analyses, and to make certifications  of such individuals, which certifications shall be subject to termination or  revocation at the discretion of the Attorney General.  The Attorney General  shall prescribe a uniform form for reports of such chemical analysis of breath  to be used by law enforcement officers and others acting in accordance with the  provisions of this act.  Such forms shall be sequentially numbered.  Each chief  of police, in the case of forms distributed to law enforcement officers and  others in his municipality, or the other officer, board, or official having  charge or control of the police department where there is no chief, and the  Director of the Division of Motor Vehicles and the Superintendent of State  Police, in the case of such forms distributed to law enforcement officers and  other personnel in their divisions, shall be responsible for the furnishing and proper disposition of such uniform forms.  Each such responsible party shall prepare or cause to be prepared such records and reports relating to such uniform forms and their disposition in such manner and at such times as the Attorney General shall prescribe.