EZ Press Release  -- May 14, 2010 After a great contribution as the defense strategist in the landmark DUI litigation in New Jersey (State of New Jersey v. Chun, et al., 194 N.J. 54 (2008)), Mr. Baffuto keeps fighting vigorously for his clients’ rights. 

The Chun case was a challenge by Mr. Baffuto and six other attorneys as to whether or not a newly introduced alcohol detection machine, the Alcotest 7110 MKIII-C, was scientifically reliable.  Among the other issues, the defense won the right to access the electronic database of the instrument.  The Supreme Court ordered that the defense should immediately have access to a database stored on compact discs containing downloaded digital records and stored as a statewide centralized database of Alcotest data.  Mr. Baffuto uses digital data to create various innovative defenses for his clients.

Although the Supreme Court’s final order was issued on March 17, 2008, the New Jersey Attorney General refused access to the centralized database.  Mr. Baffuto filed an appeal in mandamus on his clients’ behalf, i.e., a civil suit to compel public officials to fulfill their obligations.

An appeal in lieu of prerogative writ was filed in the Superior Court of New Jersey, Appellate Division in May 2009.  This civil litigation can be expected to affect thousands of defendants charged with DUI.   To learn more about this case, and read the complaint, you can visit the law firm’s website at www.MvDwi.com