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Woodbury Heights Man Loses Drunk-Driving Appeal

Edward F. Sylvia argued a breath test administered at a 2009 traffic stop was inaccurate.

 

A Woodbury Heights man’s appeal of his second drunken driving conviction, on the grounds the breath testing device used at the scene was inaccurate, was denied by a Superior Court panel Tuesday.

Edward F. Sylvia, 56, argued a breath test taken at an April 2009 traffic stop in East Greenwich that showed a 0.18, more than twice the legal limit in New Jersey, should have been suppressed, because of accuracy questions about the Alcotest machine used to get the reading.

His attorney, Evan Levow, asserted the defense didn’t get adequate documentation on the reliability of the Alcotest device, and that the lack of physical signs of drunkenness on Sylvia’s part at the traffic stop implied the breath test was inaccurate or incorrect.

In an opposing brief, Assistant Gloucester County Prosecutor Joseph Enos countered the defense’s claim, noting 58 pages of records were turned over to Levow on how the Alcotest machine was used, and no further requests had been made.

Enos also said it’s misguided to infer anything about a breath test because someone doesn’t appear drunk at a traffic stop, especially “practiced drunks” who can maintain a good appearance, despite a high blood-alcohol content.

“This defendant is one of them,” Enos said.

The panel upheld the two-year license suspension and two-day jail sentence for Sylvia, who has previously been convicted of eluding police.

Related Topics: Drunk Driving and Edward F. Sylvia

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