The New Jersey Supreme Court ruled on Monday that documentation relating to Breathalyzer tests is admissible in drunken driving cases under the business-records exception to the hearsay rule.
The decisions — State v. Sweet, A-1-07, and State v. Dorman, A-38-07 — come in the wake of the Court’s ruling in April that testing and certification records for the state’s new breath-testing device, the Alcotest, are not testimonial and their admission without cross-examination does not offend the Sixth Amendment.
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