Boris Moczula

N.J. Attorney General’s Office, Trenton, N.J.

Litigated numerous DUI legal issues before the appellate courts of New Jersey. Successfully opposed defense challenges before the New Jersey Supreme Court in the trilogy of cases involving the reliability of breath testing instruments:
Romano v. Kimmelman, 96 N.J. 66 (1983) (Breathalyzer--RFI)
State v. Downie, 117 N.J. 450 (1990)(Breathalyzer—blood/breath ratio)
State v. Chun, 194 N.J. 54 (2008) (reliability of Alcotest)

Filed amicus curiae brief on behalf of the State of New Jersey in the U.S. Supreme Court case rejecting jury trials for first-offender drunken drivers.
Blanton v. North Las Vegas, 109 S.Ct. 1289 (1989).

Invited lecturer on drunken driving law at various continuing judicial and legal education seminars in New Jersey, as well as in jurisdictions across the country, including the National Judicial College in Reno, Nevada; the Institute of Police Technology & Management in Jacksonville, Florida; the Law Enforcement Training Center in Donelson, Tennessee; the Criminal Justice Training Center in Seattle, Washington and Indiana University in Bloomington, Indiana.

Former Chair of the National Safety Council Committee on Alcohol and Other Drugs. (1997-1999).

Author of “Alcohol and the Law: The Legal Framework of Scientific Evidence and Expert Testimony,” Chapter in Medicolegal Aspects of Alcohol Determination in Biological Specimens (Third Edition 1996) Garriott, James C., Editor.

Course Hand-Outs:

Access to Breath Test Instrument Source Code
Position of the NSC Committee on Alcohol and Other Drugs on the Source Code of Evidential Breath-Alcohol Analyzers
Supreme Court Oral Argument Transcript Excerpts
Bullcoming v. New Mexico (decided June 23, 2011)
Briscoe v. Virginia opinion (decided January 25, 2010)
Melendez-Diaz v. Massachusetts (decided June 25, 2009)
People v. Williams (decided July 15, 2010)

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