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    maverick76's Avatar
    maverick76 Posts: 14, Reputation: 1
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    #1

    Oct 26, 2009, 02:29 PM
    NJ breathalyzer certification card
    Trying to appeal a NJ dui. Arresting officer gave me the test eight times on two different machines cause he could not get the readings he wanted I guess. Anyway his training card showed he had lapsed on his breathalzyer certification but later on took a two day refresher course. I know it's a technicality but thought perhaps since he let it expire that he need to retake the whole 5 day course in order to reobtain his certification. That taking the refresher course once the card is out of date is not enough thus rendering his card invalid and making my tests inadmissable in court? Is this possiblely true? If it is where might I find this type of information to show a lawyer or judge? Been clean and sober now for years but trying to get life back together and driving is key to do that.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Oct 26, 2009, 02:54 PM

    You can only appeal a conviction within the FIRST 30 days. It's over. Done and over 5 years ago. You can't appeal anything at this point. You are beating a dead horse here Maverick, Sorry.

    Sure, hire an attorney and throw away more taxicab money that you supposedly don't have.

    You should have thought about this 5 years ago when your conviction happened. Not now, 5 years later.
    maverick76's Avatar
    maverick76 Posts: 14, Reputation: 1
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    #3

    Oct 26, 2009, 05:26 PM

    Not in NJ you have up to five years to appeal such a conviction. Case are often still reopened after the window of five years if new evidence can be present or if the convicted party had circumstances that prevented timely appeals such as hospitalization or incarceration etc. So back to my original question above regarding the breathalyzer card
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Oct 28, 2009, 11:41 AM

    Please don't keep opening new threads with the same question -

    Should be combined.

    Asked and answered.

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