Notice and Order – Scientific Reliability of Alcotest 9510 – Appointment of Special Master; Limited Stay of Affected DWI Matters

The Supreme Court granted direct certification in State v. Cunningham, (A-38-22)(087913), to address the use of the new Alcotest 9510, which the State represents is being used as a replacement for the Alcotest 7110 in driving while intoxicated (DWI) cases due to the manufacturer’s discontinuation of the 7110 device.   

By the attached order, the Court imposed a limited stay of affected DWI matters, and appointed Judge Richard J. Geiger, J.A.D., to serve as a Special Master to develop a record, conduct hearings, and make findings and conclusions regarding the scientific reliability of the Alcotest 9510.  This appointment is in addition to Judge Geiger’s regular Appellate Division assignment and responsibilities. 

The Special Master shall determine the extent of participation of any person or entity in addition to the State and defendant.  All such motions for participation in the remand must be served and filed with the Special Master on or before June 20, 2023. 

Questions about this matter can be directed to the Supreme Court Clerk’s Office at 609-815-2955.