Tuesday, October 21, 2008

39:3-10.25. Validity of breath analyses;powers of Attorney General; Uniform Report Form.

Chemical analyses of an arrested person's breath, to be considered valid under the provisions of this act, shall have been performed according to methods approved by the Attorney General, and by a person certified for this purpose by the Attorney General. The Attorney General is authorized to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct analyses, and to make certification of such individuals, which certifications shall be subject to termination or revocation at the discretion of the Attorney General. The Attorney General shall prescribe a uniform form for reports of the chemical analysis of breath to be used by law enforcement officers and others acting in accordance with the provisions of this act. Each chief of police in the Case of forms distributed to law enforcement officers and others in his municipality, or the other officer board, or official having charge or control of the police department where there is no chief, and the Director of the Division of Motor Vehicles and the Superintendent of State Police, in the case of such forms distributed to law enforcement officers and other personnel in their division, shall be responsible for the furnishing and proper disposition of such uniform forms. Each responsible party shall prepare or cause to be prepared the records and reports relating tot he uniform forms and their disposition in the manner and at the times prescribed by the Attorney General. Unless otherwise provided by the Attorney General, the approval of methods and techniques, the certificatoin of persons and the prescription of forms of reports pursuant to section 3 of P.L. 19166, c. 142 (C. 39:4-50.3) shall consitutte approval, certification or prescription, as the case may be, for purposes of this section.
For information on points go to www.njlaws.com.

No comments: