E332 April 14, 2010 1. Reminder Friday, April 16 12:15pm [Lunch & Law] WILLS, PROBATE AND POWER OF ATTORNEY SEMINAR Fee: no cost, includes sandwiches, soda, snacks and Brochures on Wills, “Probate and Administration of an Estate”, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. COST: Free if you preregister. This program is limited to 15 people Complimentary Sandwiches to preregistered persons prior to program Email kenvnjlaws@verizon.net 2. Refusal does not merge into DWI State v Eckert 410 NJ Super. 389 (App. Div. 2009 A conviction for refusal to submit to a breath examination cannot be merged with a DWI conviction. Such a plea agreement violated applicable merger principles as well as the Court's Guidelines for Operation of Plea Agreements in the Municipal Courts of New Jersey. 3.. Alcotest readings do not need to be truncated to four decimals State v Rivera 411 NJ Super. 492 (App. Div. 2010) Reviewing defendant's challenge to the admission of Alcotest results relied upon to support a per se violation of N.J.S.A. 39:450, the court rejected a suggested methodology requiring the State to truncate the intermediate calculations of the relative and absolute upper tolerance limits when discerning whether the Alcotest readings obtained were valid. The court concluded the Supreme Court in State v. Chun 194 N.J. 54, cert. denied, 129 S. Ct. 158, (2008) expressed no preference for truncating the various interim calculations on Worksheet A, which would have the resultant effect of lowering the range of tolerance below that approved by the Court with the concomitant result of falsely increasing the number of invalid Alcotest results, precluding
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