State v. Holland, A-4384-09T3, A-4775-09T3; Appellate Division; opinion by Parrillo, P.J.A.D.; decided and approved for publication December 20, 2011. Before Judges Parrillo, Alvarez and Skillman. On appeal from the Law Division, Monmouth County, Municipal Appeal Nos. 09-069 and 09-078. [Sat below: Judge Vernoia.] DDS No. 14-2-4639 [15 pp.]
The Appellate Division granted leave to appeal in these consolidated matters to resolve whether blood-alcohol concentration results derived from an Alcotest 7110 MKIII-C breath-testing device are admissible in driving-while-intoxicated prosecutions when the device has been calibrated with a Control Company Inc. digital thermometer, instead of the Ertco-Hart digital thermometer referenced in State v. Chun , 194 N.J. 54, cert. denied, 555 U.S. 825 (2008).
