Major Update: New Jersey Supreme Court Lifts Stay on Alcotest 9510 DWI Cases
The New Jersey Supreme Court has officially dismissed the appeal in State v. Cunningham, a decision that has significant implications for DWI cases across the state. As a result, the Court has lifted the limited stay that had paused many DWI prosecutions involving the Alcotest 9510 breath-testing device.
What Happened in State v. Cunningham?
The appeal in State v. Cunningham was expected to address a critical issue: whether the Alcotest 9510, New Jersey’s newer breath-testing machine, is scientifically reliable for use in DWI prosecutions.
However, before the Court could rule on the merits, the defendant withdrew her challenge. This occurred after the Supreme Court repeatedly declined to order the State to fund the defense experts necessary to litigate the scientific reliability of the device.
Because there was no longer a defendant actively challenging the Alcotest 9510 in this appeal, the Court dismissed the case entirely.
What Does This Mean for Pending DWI Cases?
1. DWI Prosecutions Can Resume Immediately
The dismissal vacates the “limited stay” that had halted or slowed many DWI cases statewide. Prosecutors are now free to move forward with cases involving results from the Alcotest 9510.
If your case was placed on hold pending the outcome of Cunningham, you should expect it to begin moving through the court system again.
2. No Supreme Court Ruling on Scientific Reliability
Importantly, the Supreme Court did not issue a ruling declaring the Alcotest 9510 scientifically reliable. The case was dismissed on procedural grounds—not because the Court evaluated and approved the technology.
In other words, the Alcotest 9510 has not been validated by the Supreme Court. The scientific questions surrounding the device remain unresolved at the highest level.
3. Defendants Still Have the Right to Challenge the Alcotest 9510
The Court’s order makes clear that defendants in individual cases may still challenge the scientific reliability of the Alcotest 9510. These challenges can be raised at the trial level and litigated based on the specific facts of each case.
While the dismissal of State v. Cunningham allows DWI cases involving the Alcotest 9510 to move forward, it does not settle the debate over the machine’s scientific reliability. The technology has not been endorsed by the New Jersey Supreme Court—it simply has not been disqualified.
Contact Experienced New Jersey DWI Attorneys
Have you been charged with DWI in the state of New Jersey? Our team of highly experienced New Jersey DWI attorneys at Beninato & Matrafajlo can help you. We have an in-depth understanding of New Jersey DWI laws and how they may apply to your specific situation. When you hire our law firm, you can rest assured that we will fight aggressively to protect your constitutional rights at every stage of the legal process.
Whether you have questions about your case or want to understand how an attorney may be able to help, our team is here to serve your needs. Contact us anytime for a risk-free consultation at 908-248-4404
