Allegedly

New Jersey Offers Post-Conviction Relief for DWI on Allegedly Faulty Tests

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New Jersey Offers Post-Conviction Relief for Affected DWI Cases

**Trenton, NJ** – The New Jersey Office of the Attorney General announced that individuals who were arrested or convicted for Driving While Intoxicated (DWI) and provided breath samples on affected Alcotest instruments may qualify for post-conviction relief.

This announcement is in line with the State v. Zingis, 259 N.J. 1 (2024) decision, and follows the precedent set by the 2018 State v. Cassidy case. The related press release is available on the New Jersey Attorney General’s website.

Two documents are accessible to the public to assist in determining eligibility for relief. These include a spreadsheet listing every breath sample taken on affected devices from November 5, 2008, to April 9, 2016, and a database containing calibration records.

Those who believe they qualify for relief can file a petition under Court Rule 7:10-2 with the municipal court where they were convicted. Consultation with a private attorney or public defender is recommended to explore eligibility and necessary actions.