As Many As 20K New Jersey DWI Cases Could Get Thrown Out, Authorities Say

More than 20,000 people charged with driving-while-intoxicated could get some sort of "relief" — and their cases could be dismissed — because of a falsifying-records scandal involving the State Police, according to authorities.

Those drunken driving cases will likely be reviewed again after Sgt. Marc Dennis, a coordinator in the State Police Alcohol Drug Testing Unit, was accused of falsifying records. The matter was first reported by NJ Advance Media and confirmed by Patch.

County prosecutors sent letters to people charged with DWI between 2008 and 2016, saying they could be entitled to relief, Al Della Fave, a spokesman for the Ocean County Prosecutor's Office, confirmed to Patch. The letters were sent to defendants in Middlesex, Monmouth, Ocean, Somerset, and Union counties.

Prosecutors and defense attorneys told NJ Advance Media the number of cases that could be thrown out as a result of the criminal inquiry is likely low. But Della Fave said that every single case is still in jeopardy because of the falsifying-record scandal.

"Whenever that can be challenged, there could be a problem," he said. "No prosecutor is going to move forward with a case and waste taxpayers' money with a case that they have no chance of winning."

The Middlesex County Prosecutor's Office also told Patch that it has sent out 4,500 letters advising the defendants that their cases could be impacted.

A letter published by NJ Advance Media, written by Thomas J. Chirichella, first assistant prosecutor in Somerset County, shows how county authorities informed each defendant that the review will determine whether they "are entitled to future relief." You can find the letter by clicking here.

Dennis, who was charged in September 2016, has been accused of deliberately skipping a required step while recalibrating three Alcotest devices, two of which were subsequently used in DWI cases, according to authorities.

A letter from the state Division of Criminal Justice that describes the charges against Dennis does not specify where the three breathalyzers were used. However, copies of the letter were distributed to the prosecutors in several counties, including Ocean County Prosecutor Joseph Coronato.

Dennis is accused of falsely certifying that he performed temperature checks when recalibrating the Alcotest devices, according to the letter. Elie Honig, director of the criminal justice division, said the step is not scientifically necessary but is required under a procedure developed by the State Police's chief forensic scientist.

Here is one of the original complaints:

Read the entire NJ Advance Media report here

Patch file photo