New Jersey Supreme Court refuses to hear appeal of a Woodbury Heights man
A Woodbury Heights man’s appeal was rejected by the New Jersey Supreme Court. Edward F. Sylvia was arrested in East Greenwich and convicted in April 2009 for driving under the influence of alcohol. In the appeal, he claimed that his DUI conviction was the result of an inaccurate breath-test machine that showed his BAC level double than the legal driving limit.
Sylvia’s lawyer said in a previous appeal which was considered by the Appellate Division of Superior Court that the defense received inadequate documentation on the accuracy of the Alcotest machine that showed a 0.18 percent reading for Sylvia after he was arrested and that there were no physical signs of intoxication when his motor vehicle was stopped and BAC level was tested.
Joseph Enos, Assistant Gloucester County Prosecutor opposed the appeal and said that the defense attorney Evan Levow received 58 pages of records on how the Alcotest machine was used. According to a press release issued by the Gloucester County Prosecutor’s Office, Enos said that “Practiced drunks”, who are addicted can act and appear sober despite having high BAC level. Enos also said that nothing can be assumed about a breath-test machine if it is reliable or not because someone doesn’t appear under the influence of an intoxicant.
On 21st February 2012, the Appellate Division rejected the appeal and after that, Sylvia lost an appeal of a 2010 DWI conviction in Woodbury Heights. Levow requested the New Jersey Supreme Court to hear the 2009 case. On Tuesday, the court issued its decision and refused to hear the appeal.
Sylvia was also convicted in 2010 and this was his 3rd DUI conviction. His driver’s license was suspended for 10 years and he spent 180 days in jail.