Q: continued.... is the officer allowed to place his fingers in the defendants mouth while administering the the BAC test

A: doubtful you will convince a judge a police officer touched defendant that way. A good defense lawyer if hired for a trial will demand below items in discovery

Regarding Alcotest machine _________

(1) Calibrating Unit, New Standard Solution Report, most recent change, and the operator’s [109] credentials of the officer who performed that change;

(2) Certificate of Analysis 0.10 Percent Solution used in New Solution Report;

(3) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator;

(4) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe;

(5) Draeger Safety Certificate of Accuracy Alcotest 7110 Instrument (unless more relevant NJ Calibration Records (including both Parts I and II are offered));

(6) Calibration Check (including both control tests and linearity tests and the credentials of the operator/coordinator who performed the tests);

(7) Certificate of Analysis 0.10 Percent Solution (used in Calibration-Control);

(8) Certificate of Analysis 0.04, 0.08, and 0.16 Percent Solution (used in Calibration-Linearity)

(9) Calibrating Unit, New Standard Solution Report, following Calibration;

(10) Draeger Safety Certificate of Accuracy Alcotest CU34 Simulator for the three simulators used in the 0.04, 0.08, and 0.16 percent solutions when conducting the Calibration-Linearity tests; (11) Draeger Safety Certificate of Accuracy Alcotest 7110 Temperature Probe used in the Calibration tests; and

12 (12) Draeger Safety, Ertco-Hart Digital Temperature Measuring System Report of Calibration, NIST traceability.

13 Operator manual and instruction manual for Alcotest® machine ARWD-0107

14 Verification of the date in which this Alcotest® machine ARWD-0107 was first placed into service.

15 Date of fuel cell (EC) replacement, if any.

16 Complete service and repair record from the Department and Dräger for this Alcotest® instrument

17 Service, Repair and replacement records for Alcotest machine ARWD-0107

18

1. All alcohol influence report test data for air blank, simulator, subject, linearity, and any and all other tests conducted by the National Draeger Alcotest Model 7110 MKIII-C ["7110"] relevant to __ breath tests both printed and/or stored in the instruments random access memory and/or downloaded to read only memory.

2. Any breath testing logs maintained by the station or department in connection with the 7110 used to test __ breath.

3. State and manufacturer's assay, analysis, quality assurance, or similar documents and documents on each and every analysis, standard, and control run in the series of runs involving analysis of the following simulator solutions, including chemist's notes, gas chromatograph ("GC"] printouts, GC service records (if any), quality control manual, and testing procedures and custody documents for the simulator solutions:

(i) 0.040 simulator solution let used in 7110 Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(ii) 0.080 simulator solution lot used in 7110 Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(iii) 0.160 simulator solution lot used in 7110- Linearity Tests with the model CU-34 simulator used in control and calibration checks of the 7110 both before and after __ breath tests

(iv) 0.100 simulator solution lot used in breath tests with the model CU-34 simulator used in __ breath tests

4. Records showing that the following simulators and the simulator temperature probes were and are in proper operating condition:

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