State v. Holland, etc., A-4384-09T3, A-4775-09T3; Appellate Division; opinion by Parrillo, P.J.A.D.; decided and approved for publication April 5, 2011. Before Judges Parrillo, Yannotti and Skillman. On appeal from the Law Division, Monmouth County, Municipal Appeal Nos. 09-069 and 09-078. [Sat below: Judges Perri and English.] DDS No. 14-2-1593 [23 pp.]
Defendants Nicole Holland and Kenneth Pizzo were convicted in separate driving-while-intoxicated municipal court proceedings. Holland moved to exclude the results of the Alcotest 7110 MKIII-C breath-testing device, manufactured and marketed by Draeger Safety Diagnostics Inc., used to measure her blood-alcohol concentration (BAC), because it was calibrated with a temperature probe manufactured by Control Company Inc., not with the Ertco-Hart temperature probe referenced in State v. Chun , 194 N.J. 54, cert. denied, 129 S.Ct. 158 (2008). In anticipation of a similar motion, Pizzo requested an N.J.R.E. 104 hearing on the various reports relating to calibration of the Alcotest machine. Their motions were denied.
