Graduated from the New Jersey State Police Academy in Sea Girt, N.J. on June 29, 1979 thereby satisfactorily completing the prescribed Division of State Police Pre-Service Training and the Academic Requirements of Seton Hall University and having been admitted the Honor of Certification with all the rights and privileges hereunto pertaining. As a result of completing this curriculum and thereby being sworn in as a N.J. State Trooper, I earned 29 College Credits from Seton Hall University toward pursuit of Bachelor of Science Degree in Criminal Justice.

October 11, 1995 through February 1996 I attended Devry Technical Institute earning five credits in Electronics. This course was devoted to basic electricity and electrical concepts, including Ohm's Law, Kirchoff's Law, DC series and parallel circuits, power, the generation and nature of AC, Capacitance, inductance, transformers and troubleshooting procedures. Basic power supply and amplifier operation was also included in this course. The labwork included familiarization with various components and circuits, developing skills in reading schematic diagrams, fabricating simple circuits and utilizing basic test equipment for measuring and troubleshooting.

NJSP PROFESSIONAL BREATHALYZER MODEL 900/900A, STANDARDIZED FIELD SOBRIETY TESTING, AND DWI/DRUG TRAINING,
ASSIGNMENTS AND EXPERIENCE :

June 29, 1979 to June of 1984 I was assigned as a General Road Duty Trooper including Toll Road experience on the Garden State Parkway at the Holmdel Station. June of 1984 until October 10, 1987 I was assigned to the Tactical Patrol Unit headquartered out of Troop "C" Princeton Headquarters. Primary duties included specialization in the detection and apprehension of the Drinking Driver and the Enforcement of Traffic Laws with the ultimate goal of reducing traffic accidents in assigned area.

November 21, 1980 I attended and completed the 40 hour course entitled "Driving While Intoxicated, Identification and Apprehension" at Sea Girt State Police Training Facility held by the New Jersey State Police.

September 25, 1981 I completed the 40 hour course of instruction entitled "Chemical Tests For Determining Intoxication" course instructed under the auspice of the New Jersey State Police Breath Test Unit, thereby becoming certified as an Operator of the Breathalyzer Models 900 and 900A.

April 26, 1983 I attended and completed the 40 hour "Drug Enforcement" school conducted a the Sea Girt Training Academy under the tutelage of the New Jersey State Police.

January 16, 1986 I attended and completed a 4 hour training program in "Narcotics and Dangerous Drugs" co-sponsored by the Pemberton Township Police Department and the Burlington County Forensic Lab represented by Dr. Chao, Chief Forensic Chemist.

October 10, 1987 to January 1, 1988 I was assigned to the New Jersey State Police Breath Test Unit as an apprentice in training as a Breath Test Coordinator/Instructor familiarizing myself with Breath Test Unit procedures in regards to inspection, maintenance, repair, and calibration of the Breathalyzer Models 900 and 900A. Instruction included both theory and practice of Breathalyzer instruments and preparation of Simulator Solutions from stock to working solution for testing of instruments in the field.

November 25, 1987 I attended and completed the 80 hour prescribed "Instructor Training" course at Sea Girt State Police Training Facility under the tutelage of the New Jersey State Police Academy Training Personnel as required by the New Jersey Administrative Code under Chapter 51 for prerequisites for duties as a Breath Test Coordinator/Instructor.

November 30, 1987 I was certified as an Instructor and Coordinator Technician of Breath Testing Instruments in accordance with Chapter 142 of the Laws of 1966 by W. Cary Edwards, Attorney General of the State of New Jersey.

January 4, 1988 I received eight hours of instruction and discussion in regards to preparation of simulator stock and working solutions for testing of approved Breath Testing Instrumentation in the State of New Jersey, under the direction of Dr. Richard Saferstein, Head Forensic Chemist at the S.B.I. Laboratory located at The New Jersey State Police Division Headquarters in W. Trenton, N.J. Training also included instruction in Breath Test Theories and Lab Familiarization.

May 20, 1988 I attended and successfully completed the 48 hour prescribed course in instruction in "Test For BAC In Highway Safety Programs, Supervision And Expert Testimony" held at the Center of Studies of Law in Action on the campus of Indiana University in Bloomington, Indiana. Studies included instruction in relation to Pharmacology of Alcohol in the Human Body, theory and practice in breath alcohol analysis with all facets of expert testimony needed in the field of breath testing covered. Training was under some of the foremost experts in the field of breath testing such as Dr. Robert Borkenstein, the inventor of the Breathalyzer and Director of the course. Dr. Kurt Dubowski, distinguished Professor of Medicine, University of Oklahoma School of Medicine and author of several treatises on Breath to Blood Ratios and recognized as an expert in the field of breath testing. Further instructors included Dr. Robert B. Forney, distinguished Professor of Pharmacology at the Indiana University School of Medicine.

May 25, 1989 I attended and completed the 40 hour "Maintenance and Repair" course for the Breathalyzer Models 900 and 900A at National Draeger Incorporated in Pittsburgh, Pennsylvania, thereby becoming a manufacturers factory authorized technician in the repair and maintenance of these instruments. This course included both a practical and written examination. The practical exam included having to reassemble a Breathalyzer instrument and have it meet the manufacturer’s standards in order to deem it a proper operating instrument.

February 23, 1990 I attended and completed the 16 hour course entitled "Instructor Training in Horizontal Gaze Nystagmus Test Procedures" conducted by the New Jersey State Police DWI\Standardized Field Sobriety Testing Training Team given at the Ft. Dix Military and State Police Training Facility. With the completion of this course I gained certification from the New Jersey State Police as an Instructor in the Horizontal Gaze Nystagmus Procedures including the Battery of Tests known as the Standardized Field Sobriety Tests.

October 10, 1987 to February 6, 1992 I was assigned to the New Jersey State Police Breath Test Unit known now as the Alcohol Drug Test Unit as a Breath Test Coordinator/Instructor. Duties and responsibilities included periodic inspection, certification, repair, preventive maintenance, calibration and recalibration of the Breathalyzer Models 900 and 900A throughout the State of New Jersey as assigned at any given time. I was responsible for the random selection and sampling of thousands of Breathalyzer ampoules utilized by all Law Enforcement Agencies in State of New Jersey for processing and prosecution of the D.W.I. suspect. Further duties at this assignment included Instruction relative to breath testing including absorption and elimination of alcohol in the human body, psychophysical testing procedures to all law enforcement agencies in New Jersey. Providing lectures and demonstrations dealing with the Breathalyzer and DWI related issues and information to professional and civic organizations. This included seminars in the Standardized Field Sobriety Tests for the Middlesex County Municipal Court Committee.

As a NJSP Breath Test Coordinator/Instructor my duties also included training or assisting in the certification and recertification of Federal, State, County, and Municipal Law Enforcement agencies in New Jersey in the approved instrumentation such as the Breathalyzer Models 900 and 900A. I have been accepted in numerous municipal courts throughout the State of New Jersey and Middlesex County Superior Court as an expert in the field of Breath Testing and/or Proper Administration and Reliability of Field Sobriety Tests. In this position of Breath Test Coordinator my experience includes inspecting, repairing, and performing preventive maintenance on several hundred Breathalyzers both Model 900 and 900A currently in use by law enforcement personnel for testing of the DWI suspect in the State of New Jersey. I have trained or assisted in the training of at least a thousand officers throughout New Jersey in the breathalyzer certification or recertification course as a Coordinator/Instructor alone. I have had the opportunity to conduct over twelve thousand simulator tests during inspection of Breathalyzers in an assigned area as a Coordinator alone.

February 6, 1992 to February 1995 I was assigned to the New Jersey State Police Alcohol\Drug Test Unit Training Team. During this tenure I was granted certification as a practitioner in the use of Horizontal Gaze Nystagmus Sobriety Test Procedures as set forth by the National Highway Safety Administration through the New Jersey State Police and the New Jersey Office of Highway Safety. While assigned to the New Jersey State Police Alcohol\Drug Test Unit Training Team my duties included instruction to Federal, State, County, and Municipal Law Enforcement throughout the entire State of New Jersey in the Identification, Detection, Apprehension, Probable Cause to Arrest, Securing, Transporting, and Processing of the DWI suspect. This instruction included the proper administration and utilization of the Standardized Field Sobriety Tests which include the Horizontal Gaze Nystagmus, Walk and Turn, and the One Leg Stand. I had the responsibility for disseminating this information to the law enforcement community in the New Jersey State Police 40 hour course known as the DWI/Standardized Field Sobriety Testing course.

I have trained over one thousand law enforcement personnel in the technique known as Horizontal Gaze Nystagmus\Standardized Field Sobriety Testing. Included were instruction in recent DWI related case law and history in relation to all facets of DWI enforcement. Further instruction to law enforcement included physiology of alcohol in the human body, all related DWI statutes, N.J. Administrative Code familiarization in relation to Chapter 51 Statutes regarding Breath Testing requirements, as well as disseminating statistical data and published studies on the Drinking Driver. While rendering instruction in this course, I have had the responsibility of alerting and instructing law enforcement personnel in the indicia of the drug impaired driver. This instruction included information in regards to other types of nystagmus such as vertical gaze nystagmus, opto-kinetic, rotational, and post-rotational, positional alcohol, caloric, physiological, and pathological nystagmus.

During my tenure as an instructor in the State Police DWI course I have conducted and assisted in the documentation of approximately one hundred controlled drinking exercises concerning the dosing of approximately two hundred volunteer subjects either from the law enforcement community or civilian, in order to demonstrate the clues of impairment and manifestations of Horizontal Gaze Nystagmus. This included the demonstration and critique of other psychophysical tests used by law enforcement personnel. I have been commended several times by Law Enforcement personnel and Departments, as well as the Regional II Program Manager of the U.S. D.O.T. of the National Highway Traffic Safety Administration, who have attended this course as a student or observer, commending myself for my abilities as an instructor and knowledge and expertise in all aspects of DWI enforcement.

On August 16, 1993 I was certified by the State of New Jersey, Department of Law and Public Safety, Division of Criminal Justice Police Training Commission as complying with certification requirements and granting authorization to instruct at a commission approved school under the authority of the provisions of N.J.S.A. 52:17B-66 et seq. This conferred on me the title of Instructor for all law enforcement personnel in the State of New Jersey. I have also been responsible for the training of several thousand law enforcement personnel in the certification and recertification of the Breathalyzer Models 900 and 900A. This was previously as a Breath Test Coordinator/Instructor and while being assigned primarily to the 5-Day, 40 Hour "Chemical Tests For Determining Intoxication Course" as an instructor on the Breathalyzer Training Team.

This course included instructing law enforcement personnel in the metric system as applied to Breath Testing, the Breath Test Instrument in Detail and Breathalyzer Operation Review. Other subjects covered included the Drinking Driving Law and Simulated Lab Testing of the Breathalyzer. Students were given instruction in the proper documentation of police reports regarding the Drinking Driving Reports, Refusal Information and Alcohol Influence Reports. As a result of being an Instructor in this course I have provided instruction regarding Alcohol in the Human Body, Interpretation of Math Test Results in relation to Absorption, and Elimination of Alcohol in the Human Body in order to determine amount of alcohol consumed and stored in the Human Body.

This course also further required me to give instruction in psychophysical evaluation and discussion of results which necessitated the participation of approximately one hundred more controlled drinking exercises requiring dosing of student volunteers in order to train the officer in how to administer breath tests on live subjects, as well as the effects of alcohol on individuals.
I have recommended for suspension at least one dozen certified operators for suspension due to incompetency demonstrated while performing simulated lab tests at the recertification course as well as failing several other potential operators for not demonstrating proficiency during the initial certification course. During my nearly sixteen years as a member of the Division of State Police, I have arrested in excess of approximately 150 subjects for violation of the New Jersey Drinking Driving Law and have assisted in at least an equal amount of the same.

I have been commended three times by the Superintendent of the New Jersey State Police for an exceptional contribution to the Drinking Driving Program in the State of New Jersey, specifically in 1981, 1982, and 1985. I have qualified as an expert in the field of breath testing several hundred times throughout the State of New Jersey. I have qualified and testified as either a state or defense expert witness at least two thousand times in numerous facets of DWI including both the Breathalyzer Models 900 and 900A and Field Sobriety Testing. I have reviewed and offered opinion and/or assistance on several thousand DWI related cases in my entire career.

ADDITIONAL STANDARDIZED FIELD SOBRIETY TESTING TRAINING, EXPERIENCE, SEMINARS, LECTURES, PUBLICATIONS :

February 11, 1999 through February 13, 1999 I attended the Fourteenth National Seminar entitled "Getting Tough on DWI: The Defense, Science on Trial". This seminar was held in Las Vegas Nevada and was sponsored by the Minnesota Society for Criminal Justice. Topics included the Evolution of Alcohol Testing, Forensic Alcohol Research, Portable Breath Testing Devices, State of the Art Breath Testing Devices such as Infrared and Fuel Cell Technology, Reliability of Field Sobriety Tests to include the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests known as the Standardized Field Sobriety Tests. Instructors included Dr. A.W. Jones of the Department of Forensic Toxicology, University Hospital Linkoping Sweden, a recognized expert in the field of breath and blood alcohol testing worldwide. Dr. Robert S. Kennedy PHD of RKS Assessments, Inc. a nationally recognized expert in the Reliability of the Horizontal Gaze Nystagmus test .

April 30, 1999 through May 1, 1999 I attended the Sixth Annual Seminar entitled "Mastering Scientific Evidence in DUI/DWI Cases". This seminar was held in Atlanta, Georgia. Topics included "New Developments in Roadside Field Sobriety Tests". This included dissemination of recent information regarding the NHTSA sanctioned tests known as the Standardized Field Sobriety Tests. This was presented by William M. Taylor of Taylor Enterprise, a Master Instructor in the SFST and recognized expert in the Standardized Field Sobriety Tests.

May 14, 1999 I was a guest speaker at the New Jersey State Bar Association Annual Meeting held at the Atlantic City Convention Center. I provided information, written materials and lecture on the proper administration, scoring and reliability of the Standardized Field Sobriety tests which include the Horizontal Gaze Nystagmus test, Walk and Turn and One Leg Stand tests. This presentation was at the request of the New Jersey State Bar Association Special Committee on Municipal Courts.
October 8, 1999 thru October 10, 1999 I attended and successfully completed a 20 hour "NHTSA CERTIFIED SFST COURSE" sponsored by American Legal Education held at the Radisson City Center in Indianapolis, Indiana. This course provided current and updated information and certification regarding "Concepts and Principles of the Standardized Field Sobriety Tests". Instruction was provided from recognized experts and certified Drug Recognition Expert(s) and NHTSA certified Master Instructor(s) in the Standardized Field Sobriety Testing Procedures for Students and Instructors.

January 26, 2000 I was a guest speaker at a seminar entitled "Strategies in Handling New Jersey DWI Cases" held at the University Inn & Conference Center at Rutgers University which was designed for members of the legal community and sponsored by Lorman Education Services. I provided information and demonstration pertaining to the proper administration of the Breathalyzer Model 900 and 900A.

February 7, 2000 I formed and Incorporated a DWI Training Corporation known as “Sobriety Testing Associates”. The objective and duties of this corporation entails offering and sponsoring training seminars and certification courses in the Standardized Field Sobriety Tests, current and new breath testing instrumentation and technologies encompassing all facets of DWI related issues and matters important to both the legal community and law enforcement. The initial certification course was held on March 24 through March 26, 2000 in which members of the legal community were trained and certified as practitioners in the proper administration and scoring of the Standardized Field Sobriety Tests.

April 6, 2000 I attended the Seventh Annual Seminar entitled "Mastering Scientific Evidence in DUI/DWI Cases". This seminar was held in Atlanta, Georgia. Topics included dissemination of updated information regarding the Standardized Field Sobriety Tests and Drug Recognition Expert Program.

April 28, 2000 I was a guest speaker at a seminar entitled "Strategies in Handling New Jersey DWI And DUI Cases" held at the Parsippany Holiday Inn & Suites which was designed for members of the legal community and sponsored by Lorman Education Services. I provided information and demonstration pertaining to the proper administration of the Breathalyzer Model 900 and 900A. This also included discussion and dissemination of updated information regarding the proper administration, scoring and reliability of the Standardized Field Sobriety Tests {SFST] in relation to the most recent NHTSA August 1998 validation study.

June 15, 2000 thru June 17, 2000 I attended and successfully completed a 24 hour "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA} STANDARDIZED FIELD SOBRIETY TESTING INSTRUCTOR COURSE” sponsored by Lapier & Associates held at the Courtyard Marriott Hotel in Nashville, Tennessee. This course provided the most current and updated information regarding the proper administration, scoring and reliability of the SFST tests. More importantly and noteworthy, this course provided certification as a NHTSA Certified Instructor in the SFST. Instruction was provided from recognized experts and certified Drug Recognition Expert(s) and NHTSA certified Master Instructor(s) in the Standardized Field Sobriety Testing Procedures for Students and Instructors.

September 29, 2000 as President of Sobriety Testing Associates Incorporated I sponsored a one day seminar at the Clarion Hotel in Edison, N.J. entitled “DWI in the New Millennium”. This seminar was attended by Municipal Prosecutors and Defense Attorneys. This seminar provided updated information on the Drug Recognition Program and Standardized Field Sobriety Tests. Guest speakers included a Master Instructor in the SFST, DRE instructor, Biological Psychologist and Forensic Scientist.

January 26, 2001 I was a guest speaker at a one day seminar designed for attorneys, which included public defenders and other legal staff and insurance professionals involved in the defense of DWIs entitled "Strategies in Handling New Jersey DWI Cases" which was held at the Ramada Inn in East Brunswick, NJ. This seminar was sponsored by Lorman Education Services of Eau Claire, Wisconsin. I provided updated and current information regarding the proper administration, scoring and reliability of field sobriety tests which included the NHTSA sanctioned SFST tests known as the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests.

August 9, 2001 I was a guest speaker at a seminar entitled "DWI 2001: HANDLING DRUNK DRIVING CASES IN NEW JERSEY” at the Radisson Hotel in Fairfield, New Jersey which was sponsored by the New Jersey Institute For Continuing Legal Education {ICLE). At this seminar I presented instruction, demonstration and dissemination of information regarding the proper administration, interpretations and validity of on-site field sobriety tests to include the Standardized Field Sobriety Tests sanctioned by the National Highway Traffic Safety Administration of the U.S. Department of Transportation.

August 13, 2001 I co-authored an article published in the New Jersey Lawyer weekly newspaper entitled "MODIFICATIONS MADE TO PROCEDURES” which provided detailed information regarding recent validation studies and changes to the administrative procedures regarding the Standardized Field Sobriety Tests sanctioned by the National Highway Traffic Safety Administration {NHTSA}.

August 24 thru 26, 2001 I was assigned as one of the two primary instructors at a 24 hour NHTSA “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” student course sponsored by Lapier and Associates held at the Ramada Downtown Inn in Phoenix, Arizona. This course provided training in the NHTSA SFST for members of the City of Phoenix Public Defenders Office and other members of the legal community in Phoenix Arizona, the States of Texas and Utah.

September 6, 2001 I was a guest speaker at a seminar entitled "DWI 2001: HANDLING DRUNK DRIVING CASES IN NEW JERSEY” at the New Jersey Law Center on Ryders Lane in New Brunswick, New Jersey which was sponsored by the New Jersey Institute For Continuing Legal Education {ICLE). At this seminar I presented instruction, demonstration and dissemination of information regarding the proper administration, interpretations and validity of on-site field sobriety tests to include the Standardized Field Sobriety Tests sanctioned by the National Highway Traffic Safety Administration of the U.S. Department of Transportation. This seminar provided information on how to handle every aspect of a DWI case presented by a panel which included a presiding Municipal Court Judge, Forensic Chemist, County Prosecutor and defense attorneys.

October 8, 2001 I was one of five guest speakers at a seminar entitled "DWI 2001: HANDLING DRUNK DRIVING CASES IN NEW JERSEY” at the Double Tree Inn in Mount Laurel, New Jersey which was sponsored by the New Jersey Institute For Continuing Legal Education {ICLE). My presentation included dissemination of NHTSA Validation Studies regarding clues for night-time impaired operation of a motor vehicle, instruction, demonstration and dissemination of information regarding the NHTSA Validation studies regarding the Standardized Field Sobriety Tests sanctioned by the National Highway Traffic Safety Administration of the U.S. Department of Transportation. I provided instruction as to the principles and concepts of the NHTSA SFST and other factors affecting the reliability of other non-validated psychophysical tests used by Law Enforcement in the field of DWI detection and apprehension. The panel of guest speakers included a Municipal Court Judge presiding in nine separate Municipalities, New Jersey State Forensic Chemist, and defense attorneys. The classroom consisted of present and former Municipal Court Judges, prosecutors, public defenders and other defense attorneys.

November 2 thru 4, 2001 I provided instruction to 28 attorneys who are and/or have been prosecutors and/or defense attorneys in the States of Washington and/or Ohio. This instruction was included in a 24 hour NHTSA “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” student course sponsored by Lapier and Associates held at the Bellevue Double Tree Hotel which is located outside of Seattle, Washington. This course provided training in the NHTSA approved curriculum regarding the SFST which is taught to law enforcement personnel throughout the United States of America.

April 5 thru 7, 2002 I was assigned as one of the two primary instructors at a 24 hour NHTSA “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” student course sponsored by Lapier and Associates held at the Sheraton Convention Center Hotel in Atlantic City, New Jersey. This course provided training in the NHTSA SFST curriculum for members of the legal community from New Jersey and Connecticut which included both prosecutors and/or defense attorneys.

April 10, 2002 I was a guest speaker at the Union County Richard J. Hughes Inn of Court Program held at the Suburban Golf Club in Union, New Jersey. I provided information and lecture on the Concepts and Principles of the NHTSA Standardized Field Sobriety Tests. I discussed the proper administration, scoring and reliability of the Horizontal Gaze Nystagmus test, Walk and Turn and One Leg Stand tests. I also discussed the reliability of other non-validated psychophysical tests that are used or have been used by Law Enforcement. This seminar was attended by Superior Court Judges, Municipal Court Judges, prosecutors and defense attorneys.

June 27, 2003 I sponsored and provided instruction at a 4 hour DWI seminar held at the Clarion Hotel in Edison, N.J. entitled “Concepts And Principles of the Standardized Field Sobriety Tests”. This seminar was attended by Municipal Prosecutors and Defense Attorneys. This seminar provided updated information on the National Highway Traffic Safety Administration Approved Standardized Field Sobriety Test Procedures.

November 13, 2003 I sponsored and provided instruction as one of two primary instructors at a 4 hour DWI seminar held at the Mansion in Voorhees, N.J. This seminar provided instruction in the “Concepts And Principles of the Standardized Field Sobriety Tests and the Drug Evaluation and Classification Training Program”.

November 21, 2003 thru November 23, 2003 I attended and successfully completed a 24 hour "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA} AND THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) DWI DETECTION STANDARDIZED FIELD SOBRIETY TESTING PROGRAM” sponsored by Lapier & Associates held at the Hyatt Hotel in Baltimore Maryland. This course provided the most current and updated information regarding the proper administration, scoring and reliability of the SFST tests. My attendance at this course involved participation as a student and SFST Instructor so as to provide me refresher course status and/or information in the “Concepts and Principles of the Standardized Field Sobriety Tests” as per the current January 2002 manual and training.

March 27, 2004 I sponsored and provided instruction as one of two primary instructors at a 4 hour New Jersey DWI seminar entitled “END OF AN ERA A NEW BEGINNING” which was held at the Prime Hotel & Resorts in Fairfield, N.J. This seminar provided instruction in the “Concepts And Principles of the Standardized Field Sobriety Tests and the Drug Evaluation and Classification Training Program.

April 1, 2004 I was a guest speaker at two separate “Contemporary Health” classes at Ocean County College in Toms River, New Jersey. I lectured on the Physiology of Alcohol which included the absorption, distribution, elimination of alcohol from the human body and estimation of blood alcohol concentrations as taught to law enforcement personnel in session II of the “DWI Detection and Standardized Field Sobriety Testing” curriculum. I was assisted by and Co-Lectured with a current member of Law Enforcement in the second session which included questions and answers from students in the classroom setting on all DWI related topics including “Myths of Alcohol Consumption and those Factors Affecting Breath Testing.

May 28, 2004 I was a guest announcer on a Memorial Day Weekend “Drunk Driving Awareness” program on the “Ratt” radio program found at 95.9 WRAT and located in South Belmar, New Jersey. This was the fourth year in a row that I provided information via this radio station regarding psychophysical and/or breath testing and answers to questions related to DWI. This program involved a controlled drinking exercise with the goal of stressing that the listener avoid operating a motor vehicle while under the influence of an alcoholic beverage.

June 15, 2004 thru June 18, 2004 I attended. successfully completed and provided Instructor training at a 24 hour "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA} DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING INSTRUCTOR DEVELOPMENT TRAINING PROGRAM” sponsored by Lapier & Associates held at the Courtyard Marriott Hotel in Nashville, Tennessee. The purpose of this training is to prepare professionals to effectively instruct in the NHTSA/IACP Standardized Field Sobriety Testing Program. I acted as both student and Instructor during all blocks of instruction which included “Concepts of Adult Learning and Training”, “The SFST Curriculum Package”, “Assignments For Practice Teaching”, “Teaching Preparation Techniques”, “Techniques For Effective Classroom Presentations”, “Guidelines For Planning and Managing A Live Alcohol Workshop” and “Guidelines For Conducting Video Options For SFST Training”. This course included both a written examination and practice teaching exercises.

March 15, 2005 I was one of two primary speakers at the “North Hudson Lawyers Club” monthly meeting at the El Meson Espanol located at 5700 Kennedy Boulevard in West New York, New Jersey. We provided information, instruction and demonstration of the current and updated September 2004 procedures in the Principles and Concepts of the Standardized Field Sobriety Tests. This was an open forum where any topic or question regarding any facet of DWI was addressed. In attendance at this meeting and lecture provided by us were representatives of the Hudson County Prosecutor’s Office, at least one Hudson County Superior Court Judge, both former and present Municipal Court Judges and Prosecutors, present and/or former members of the Law Enforcement community, a member of the New Jersey Turnpike Authority and numerous members of the legal community which included defense attorneys.

May 25, 2005 thru May 28, 2005 I successfully completed training for and was one of three primary instructors acting in a dual role as Senior Instructors while providing Instructor training at a 32 hour "NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION (NHTSA} DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING INSTRUCTOR DEVELOPMENT TRAINING PROGRAM” sponsored by Lapier & Associates held at the Golden Nugget Hotel in Las Vegas, Nevada. The purpose of this training is to prepare professionals to effectively instruct in the current September 2004 NHTSA/IACP Standardized Field Sobriety Testing Program and Curriculum.

This course included blocks of instruction from the Principles and Techniques of Training in Standardized Field Sobriety Testing “The SFST Instructor Training School” Student-Instructor Manual which included the “Concepts of Adult Learning and Teaching”, “The SFST Curriculum Package”, “Assignments For Practice Teaching”, “Teaching Preparation Techniques”, “Techniques For Effective Classroom Presentations”, “Guidelines For Planning and Managing A Live Alcohol Workshop” and “Guidelines For Conducting Video Options For SFST Training”. Participants attending this course were evaluated on their teaching assignments and required to pass a written examination. This course provided me with Refresher Instructor course status in the current September 2004 NHTSA DWI/SFST course curriculum.

June 15, 2005 I was one of three guest speakers at a 4 Hour CLE Seminar sponsored by the Montgomery County Bar Association and held at the Montgomery County Bar Association Building located at 100 West Airy Street in Norristown, Pennsylvania. I provided members of the Pennsylvania legal community pertinent information, instruction and demonstration of the current procedures found in Session VIII “CONCEPTS AND PRINCIPLES OF THE STANDARDIZED FILED SOBRIETY TESTS’ which are found in the current September 2004 “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” participant manual. This seminar included instruction in the proper administration of the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand tests, as well as information regarding the reliability of other non-scientifically validated psychophysical tests used by the Law Enforcement community.

August 5th, 2005 I attended the 11th Annual “International Association of Chief’s of Police (IACP) DRE Training Conference on Drugs, Alcohol and Impaired Driving” held at the Marriott Crystal Gateway Hotel in Arlington, Virginia. This course was attended by DUI Enforcement Police Officers and Trainers, DREs, Prosecutors, Toxicologists, Medical and School Professionals, and Highway Safety Advocates from throughout North America and abroad. Sessions and Topics included “Horizontal Gaze Nystagmus: Revisited and Revitalized”. This session included discussion on recent research on the Horizontal Gaze Nystagmus test, the effects of different test postures, tolerances on test administration, and the effects of sleep deprivation. This block of instruction was presented by Dr. Karl Citek of the Pacific University College of Optometry in Forest Grove, Oregon. This session included a review of the medical or environmental conditions that may cause abnormal eye movements but are inconsistent with the signs of impairment expected with intoxication.

This conference included my attendance at a “NHTSA PROGRAMS UPDATES/STANDARDIZED FIELD SOBRIETY TEST UPDATES” session taught by Sgt. Doug Paquettes, Technical Sergeant of the New York State Police and member of the IACP Highway Safety Committee’s DEC Programs Technical Advisory Panel (TAP) and Dean Kuznieski, Senior Highway Safety Specialist, NHTSA Enforcement and Justice Services Division. This session delivered the latest NHTSA updates on sustained high visibility and enforcement efforts, crack -down periods, and research and program-related updates. This session explained the latest SFST revisions and curriculum from the current September 2004 “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” participant and instructor manuals, which also included the 2005 updates. I was provided a CD-ROM which included the aforementioned information and other topics discussed and taught at this conference such as “Marijuana and Driving”and the “DRE Curriculum Revisions”.

February 3, 2006 I appeared on the set of the FOX Channel Five show entitled “FIRST EDITION”. During my appearance I was questioned as to the affects of alcohol consumption on a subject’s mental and physical abilities. I had the opportunity to participate in conducting a controlled drinking exercise on a live drinking subject. I administered psychophysical tests on this subject who had consumed an alcoholic beverage, which included the administration of the Standardized Field Sobriety Tests.

June 14, 2006 I attended and successfully completed the “12th Annual IACP TRAINING CONFERENCE ON DRUGS, ALCOHOL AND IMPAIRED DRIVING“ which was held at the Hyatt Regency Crown Center Hotel in Kansas City, Missouri. This course was attended by DUI Enforcement Police Officers and Trainers, DREs, Prosecutors, Toxicologists, Medical and School Professionals, and Highway Safety Advocates. Sessions and Topics included “NHTSA UPDATE ON IMPAIRED DRIVING”presented by NHTSA representatives from the Impaired Driving Division and/or Enforcement and Services Division.

Lecture and Instruction was also provided by Dr. Marcelline M. Burns, who is known for conducting the initial field studies of the Southern California Research Institute, and recently the Colorado and Florida studies in cooperation with LAW ENFORCEMENT. These NHTSA SFST studies were responsible for the development of the original or updated validation, reliability and proper procedures for the NHTSA tests known as the STANDARDIZED FIELD SOBRIETY TESTS”. These sessions served as an update on the latest NHTSA SFST revisions and curriculum for the current February 2006 “DWI DETECTION AND STANDARDIZED FIELD SOBRIETY TESTING” participant and instructor manuals.

ALCOTEST 7110 MK III C INSTRUMENT TRAINING,
EXPERIENCE, LECTURES/SEMINARS:

ALCOTEST 7110 MK III C

April 30, 1999 through May 1, 1999 while attending the Sixth Annual Seminar entitled "Mastering Scientific Evidence in DUI/DWI Cases" I was provided information regarding proper operation, administration and reliability of the current Infrared and Fuel Cell technologies which included a demonstration of the National Draeger Alcotest 7110 MK III dual sensoric instrument. This presentation was provided by one of the foremost experts in the field of Infrared and Fuel Cell technology, Mary C. McMurray, B.S. of Forensic Associates Inc. in Minneapolis, Minnesota.

June 3, 1999 I was the guest speaker at the New Jersey Law Center in New Brunswick, New Jersey for the New Jersey State Bar Association "Special Committee on Municipal Court Practice". I provided information and dialogue regarding the implementation of new scientific breath testing technology, specifically the Alcotest 7110 MK III dual sensoric instrumentation.

June 5, 1999 I attended a DWI Seminar in Saratoga Springs, New York entitled "DWI DEFENSE FOR THE NEW MILLENNIUM". Some of the topics included "The basics of evidential and non-evidential breath". This seminar included scientific introduction, demonstration and information in the operation and reliability of the National Draeger 7110 MK III dual sensoric breath testing instrument. This was presented by one of the foremost nationally recognized experts in the field of Fuel Cell and Infrared technology, Mary C. McMurray of Forensic Associates Inc., of Minneapolis, Minnesota.

January 26, 2000 while attending as a guest speaker at a seminar entitled "Strategies in Handling New Jersey DWI Cases" held at the University Inn & Conference Center at Rutgers University which was designed for members of the legal community and sponsored by Lorman Education Services, I provided dissemination of information and implemented discussion regarding the instrumentation known as the Alcotest 7110 MK III dual sensoric instrument.

April 6, 2000 I attended the Seventh Annual Seminar entitled "Mastering Scientific Evidence in DUI/DWI Cases". This seminar was held in Atlanta, Georgia. Information was disseminated regarding a checklist of strengths and weaknesses in the four primary Infrared and/or Fuel Cell technologies which included information regarding the reliability of the National Draeger Alcotest 7110 MK III dual sensoric instrument. This was once again presented by one of the foremost experts in the field of Infrared and Fuel Cell technology, Mary C. McMurray, B.S. of Forensic Associates Inc. in Minneapolis, Minnesota.

September 29, 2000 as President of Sobriety Testing Associates Incorporated I sponsored a one day seminar at the Clarion Hotel in Edison, N.J. entitled “DWI in the New Millennium”. This seminar was attended by Municipal Prosecutors and Defense Attorneys. This seminar also provided information on the proper administration and reliability of the Alcotest 7110 MK III C Infrared/Fuel Cell technology.

January 26, 2001 I was a guest speaker at a one day seminar designed for attorneys, which included public defenders and other legal staff and insurance professionals involved in the defense of DWIs entitled "Strategies in Handling New Jersey DWI Cases" which was held at the Ramada Inn in East Brunswick, NJ. This seminar was sponsored by Lorman Education Services of Eau Claire, Wisconsin. In addition to providing information and demonstration pertaining to the proper administration of the Breathalyzer Model 900 and 900A, my presentation included discussion and dissemination of information regarding the instrumentation known as the Alcotest 7110 MK III C dual sensoric infrared and fuel cell instrument.

April 19, 2002 I attended the Spring 2002 Seminar entitled “Alcotest 7110 MK III, A New Wave in Breath Alcohol Analysis” sponsored by the New Jersey Association of Forensic Scientists held at the Trump Marina Hotel Casino in Atlantic City, New Jersey. Topics of discussion included Metabolism and Physiology of Alcohol in the Human Body, Legal Aspects of Breath Alcohol Technology, The Theory, Application, and Operational Procedures of the dual sensoric Infrared/Electrochemical Breath Alcohol instrument known as the Alcotest 7110 MK III C, which will replace the Breathalyzer Model 900 and 900A as the instrument of choice in the State of New Jersey.

October 19, 2002 I attended the ICLE “Technical Aspects of Handling DWI Cases: New Breath Test Machine, Lower Per Se and More” seminar which was held at the Ramada Inn in Fairfield, NJ. This seminar included timely information regarding recent DWI legislation, case law, court rules etc. This seminar included a presentation by Mary C. McMurray regarding the science, operation and impact of the new Alcotest MK III C breath test machine that is scheduled to replace the Breathalyzer Model 900 and 900A which has been used in New Jersey for over thirty years.

November 5, 2002 I attended the ICLE “Technical Aspects of Handling DWI Cases: New Breath Test Machine, Lower Per Se and More” seminar which was held at the Double Tree Suites Falls Conference Center in Mount Laurel, NJ. This seminar included discussion on recent developments in DWI matters affecting NJ including but not limited to the implementation of the new Alcotest 7110 MK III C instrumentation. Members of the panel included leading DWI defense attorneys and Municipal Court Judges from Bergen and Monmouth County.

January 18, 2003 I received 8 Hours of Training in the “New Jersey Alcotest 7110 MK III C Operator Training” Course which was held at the New Jersey State Police Division Headquarters in West Trenton, New Jersey. The Training was presented by Hansueli Ryser who is the Managing Director of Draeger Safety, Inc. Breathalyzer Division in Durango, Colorado. The Purpose of the Training was to understand the Basic Technologies employed in the Alcotest MK III C, Function and Proper Operation of the Instrument, Simulator and Temperature Probe. This course also included instruction in performance verification and work performed by the Lab prior to field placement, initial set-up and calibration verification tasks prior to operation at the police station, standards compliance and customer reference, and the operation of the Alcotest 7110 MK IIIC and its peripherals.

I was temporarily provided custody of an Alcotest 7110 MK III C instrument for private operation and experimentation. During this time period I was able to conduct numerous simulator tests utilizing various concentrations of simulator solutions, changes of the simulator solution, calibration and/or calibration checks of the instrument, introduction of foreign substances containing alcohol and/or no alcohol in order to test the reliability of the slope detector of the instrument and its capabilities to detect mouth alcohol. I was also able to provide individual breath samples in order to compare one’s ability and/or difficulty in providing samples in comparison with my experience with the Breathalyzer Models 900 and 900A. Since this time I have purchased a used Alcotest 7110 MK III C in which I continue to provide demonstration of the operation of same to the legal community and testing of same for my own edification.

July 17, 2003, I attended and completed a one day “Supervisory Level” course of instruction entitled “Technical Training on the Alcotest 7110 MK III-C Black Key Security Functions” which was held at the New Jersey State Police Central Laboratory in Ewing Township, New Jersey. This factory training provided by the manufacturer of the Alcotest 7110 MK III-C is specifically designed and details the authorized duties which are to be performed in the field by NJSP Breath Test Coordinators. This course of instruction was presented by Hansueli Ryser, the Managing Director of Draeger Safety, Inc. Breathalyzer Division in Durango, Colorado.

This course of instruction included all aspects of the Performance Certification Checklist for the instrumentation known as the Alcotest 7110 MK III-C. This included the required steps that have to be performed to certify instruments prior to actual field operation of the Alcotest 7110 MK III-C. This course included instruction in the functions and procedures involving the simulator solution days and change procedures, simulator solution configuration and equilibration settings and procedures, linearity tests and configuration settings and procedures, control tests and configuration, calibration of the instrument, setting calibration value of the temperature probe and procedures, lockout procedures, external and internal printer settings. This course also provided training and information regarding all other Special Function keys and procedures which included setting of the clock, location of the instrument, ABA, Internal Memory Parameters, Modem, and Security-Key functions. Other topics covered included the depletion of the simulator solution, NIST temperature probe utilized by NJSP Breath Test Coordinators in the inspection of the instrument, data collection and the absolute and relative acceptable tolerances of the instrument and test results.

November 13, 2003 I sponsored and provided instruction as one of two primary instructors at a 4 hour DWI seminar held at the Mansion in Voorhees, N.J. This seminar also provided Demonstration and General Information on the Evolution of Breath Testing Instrumentation in the State of New Jersey which included the introduction of the Alcotest 7110 MK III C instrument.

January 24, 2004 I attended an Institute of Continuing Legal Education (ICLE) Seminar at the Clarion Hotel in Cherry Hill, New Jersey. Topics covered at this seminar included DWI Case Law Update, New Challenges to the Breathalyzer and Blood Tests; Changes and Ramifications of the current and recently enacted Drinking Driving Laws and an Update on the Alcotest 7110 MK III C instrumentation litigation and/or issues. The panel included defense and/or prosecuting attorneys and a Municipal Court Judge.

March 27, 2004 I sponsored and provided instruction as one of two primary instructors at a 4 hour New Jersey DWI seminar entitled “END OF AN ERA A NEW BEGINNING” which was held at the Prime Hotel & Resorts in Fairfield, N.J. This seminar also provided Demonstration and General Information on the Evolution of Breath Testing Instrumentation in the State of New Jersey which included Comparison of Other Infrared Instrumentation and the Breathalyzer Model 900/900A to the Alcotest 7110 MK III C . Furthermore, there were discussions regarding the newly enacted .08% Per se law and its impact on the system. Once again, this seminar was attended by a former Municipal Prosecutor, former Municipal Court Judge, Defense Attorneys and a member of Law Enforcement.

April 1, 2004 I was a guest speaker at two separate “Contemporary Health” classes at Ocean County College in Toms River, New Jersey. I lectured and provided updated information and offered demonstration of former and current breath testing technology. This included a preliminary breath testing device known as the Alco Sensor IV, the Breathalyzer Model 900 and the Alcotest 7110 MK III C instrument.

October 30, 2004 I sponsored and was one of two primary instructors at a “Draeger Alcotest 7110 MK III C Operator Training” seminar held at the Marriott Hotel on 300 Brae Boulevard in Park Ridge, New Jersey. This seminar provided instruction to attorneys in the Theory, Application, and Operational Procedures of the Alcotest 7110 MK III C, which will replace the Breathalyzer Model 900 and 900A as the instrument of choice in the State of New Jersey. This seminar included training of attorneys in “HANDS ON” use and comparison of the Alcotest 7110 MK III C and the Breathalyzer Models 900/900A. Seminar Instruction included the Basic Technologies employed in the Alcotest MK III C, Function and Proper Operation of the Instrument, Simulator, Temperature Probe, Calibration Factors and Inspection Procedures employed in the use of the Alcotest 7110 MK III C.

November 5, 2004 I sponsored and was one of two primary instructors at a “Draeger Alcotest 7110 MK III C Operator Training” seminar held at the Somerset Marriott Hotel on 110 Davidson Avenue in Somerset, New Jersey. This seminar provided instruction to attorneys in the Theory, Application, and Operational Procedures of the Alcotest 7110 MK III C, which will replace the Breathalyzer Model 900 and 900A as the instrument of choice in the State of New Jersey. This seminar included training of attorneys in “HANDS ON” use and comparison of the Alcotest 7110 MK III C and the Breathalyzer Models 900/900A. Seminar Instruction included the Basic Technologies employed in the Alcotest MK III C, Function and Proper Operation of the Instrument, Simulator, Temperature Probe, Calibration Factors and Inspection Procedures employed in the use of the Alcotest 7110 MK III C.

February 5, 2005 I attended a seminar entitled “DWI IN THE 21st CENTURY: NEW BREATH TEST, NEW STATUTES, NEW RULES” held at the New Jersey Law Center in New Brunswick, New Jersey. This seminar was sponsored by the New Jersey Institute For Continuing Legal Education {ICLE). At this seminar I was provided updated materials and information on the Alcotest 7110 MK III C user manual for operators, acceptable tolerances of the instrument, linearity and calibration procedures, simulator solution change procedures, temperature probe certification, and the instrument’s current capabilities under new firmware NJ 3.11.

March 15, 2005 I was one of two primary speakers at the “North Hudson Lawyers Club” monthly meeting at the El Meson Espanol located at 5700 Kennedy Boulevard in West New York, New Jersey. We provided information, instruction and demonstration regarding the proper administration, calibration and use of the Alcotest 7110 MK III C instrument. Numerous live breath tests were conducted on individuals who had different levels of blood alcohol concentrations from having consumed alcoholic beverages. In attendance at this meeting and lecture provided by us were representatives of the Hudson County Prosecutor’s Office, at least one Hudson County Superior Court Judge, both former and present Municipal Court Judges and Prosecutors, present and/or former members of the Law Enforcement community, a member of the New Jersey Turnpike Authority and numerous members of the legal community which included defense attorneys.

July 15, 2005 I was a guest speaker at a seminar entitled "Strategies in Handling DWI and DUI Cases in New Jersey”. This seminar was sponsored by Lorman Education Services from Eau Claire, Wisconsin and was held at the Parsippany Holiday Inn Hotel & Suites in Parsippany, NJ. This seminar included demonstration and instruction in the proper operation, calibration, calibration check, linearity test procedures and reliability issues pertaining to the current Infrared and Fuel Cell technology being implemented in the State of New Jersey known as the National Draeger Alcotest 7110 MK III C dual sensoric instrument.

October 22, 2005 I attended the New Jersey Institute of Continuing Legal Education (ICLE) Seminar entitled “DWI UPDATE 2005-06:ALCOTEST IMPLEMENTATION , INTERLOCKING DEVICES & MORE”. This seminar was held at the Clarion Hotel and Conference Center in Cherry Hill, New Jersey. This seminar provided me with updated information on the Alcotest Breath Test Tolerances, NJSP Alcotest MK III-C Operators Manual and Testing Procedures, further information on the General Scientific Understanding of the Draeger Alcotest 7110 MK III-C, Alcotest Discovery Items, unresolved Alcotest issues, and an updated schedule of the N.J. “Roll-Out” of the Alcotest 7110 MK III-C instrument. This seminar was attended by numerous Municipal Court Judges and prosecuting and defenses attorneys. The panel of instructors included Sgt. Kevin Flanagan, lead NJSP Breath Test Coordinator/Instructor in the implementation of the Alcotest 7110 MK III-C program, who provided a demonstration of the operational procedures of the Alcotest 7110 MK III-C instrument. This included issues as to the training procedures, as taught in the Alcotest 7110 MK III C Operators course by the NJSP to members of Law Enforcement. A member of the Office of the Attorney General of New Jersey Supervisory Section was also on the panel of instructors.

October 28, 2005 I was one of three instructors at an Alcotest 7110 MK IIIC seminar entitled “The New Face of DWI Defense in New Jersey”, which was held at the Courtyard Marriott Hotel in Parsippany, New Jersey. This seminar was attended by defense attorneys and present or former Municipal Prosecutors. This seminar covered many topics related to the proper use and reliability of the Alcotest 7110 MK IIIC which included, but was not limited to, Instrument Tolerance issues, current Calibration Procedures, Instrument Error Messages, Discovery Issues, the Alcohol Influence Report and other related Alcotest 7110 MK IIIC police reports, and procedures related to the implementation of the charge of Refusal when utilizing an Alcotest 7110 MK IIIC instrument.

November 4, 2005 I was one of three instructors at an Alcotest 7110 MK IIIC seminar entitled “The New Face of DWI Defense in New Jersey”, which was held at the Hilton Garden Inn Hotel in Edison, New Jersey. This seminar was attended by defense attorneys, present or former Municipal Prosecutors, and a representative attorney for the States of New Hampshire and Massachusetts, since these states have also approved the Alcotest 7110 MK IIIC instrument. Topics covered at this seminar included the Operational Procedures of the Alcotest 7110 MK IIIC instrument, Calibration, Calibration Checks, Linearity Checks, Instrument Tolerances Issues, Flagging of Instrument Error Messages, Discovery Issues, Refusal cases, and Interpretation of the Alcohol Influence Report and other related police reports or Certificates of Accuracy pertinent to the Alcotest 7110 MK IIIC case.

November 11, 2005 I was one of three instructors at an Alcotest 7110 MK IIIC seminar entitled “ The New Face of DWI Defense in New Jersey”. This seminar was held at the Double Tree Suites Hotel in Mount Laurel, New Jersey. This seminar was attended by defense attorneys, a current prosecutor and a former Municipal Court Judge. This course covered the Operational Procedures of the Alcotest 7110 MK IIIC instrument which included the Current NJSP Calibration Procedures and any related issues associated with current use of the Alcotest 7110 MK III C instrument in the State of New Jersey. A comparison was also presented as to other Inspection Procedures implemented by other states presently utilizing the Alcotest 7110 MK III C instrument and/or other Infrared and/or Fuel Cell Instruments.

December 5, 2005 I was provided a tour of the Alabama Department of Forensic Sciences Laboratory Facility in Saginaw, Alabama. This tour was presented by Dale A. Carpenter, Ph.D. Technical Director of the Chemical Test for Intoxication Unit of the State of Alabama, Mark A. Pevy, DFTCB and Gregory L. Turner, Ph.D., both Forensic Scientists for the State of Alabama. These scientists are responsible for the implementation of the Alabama Breath Testing Program which includes the training of Law Enforcement, Inspection Procedures, Maintenance, Repair and Troubleshooting for the Alcotest 7110 MK III C instrument, Collection of Data, Storage and Analysis of the Instruments Track History, and providing Expert Testimony throughout the State of Alabama.

The presentation included classroom and laboratory demonstration, instruction, discussion, and a power point presentation regarding all facets of the Alabama Breath Testing Program pertaining to the administration and reliability of the Alcotest 7110 MK III C instrument in the State of Alabama. Included in these discussions were comparisons to the present NJ 3.11 firmware and configuration of the Alcotest 7110 MK III C instrument in the State of New Jersey. Topics covered included Scientific Studies generated by the State of Alabama to establish the scientific reliability of the instrument under the firmware and procedures adopted by the State of Alabama and/or the Alabama Department of Forensic Sciences. There was a demonstration of the Inspection Procedures of the State of Alabama, which included but was not limited to, Breath Temperature Sensing Capabilities and Testing Procedures, Accuracy and Precision of the Alcotest 7110 MK III C instrument, Acceptable Tolerances, Breath Volume, Mouth Alcohol, Interferents, Calibration of the Instrument, Calibration Checks, Linearity Test Procedures, AC Voltage Range Checks, Triggering of Error Messages in the Alcotest 7110 MK III C instrument. This included “hands on” use of the Alcotest 7110 MK III C instrument and inspection, explanation, and identification of the actual physical parts of the interior of an opened Alcotest 7110 MK III C Instrument.

February 3, 2006 I appeared on the set of the FOX Channel Five show entitled “FIRST EDITION”. During my appearance I also operated and administered breath tests for comparison purposes, and in order to determine the BAC of the drinking subject. The instruments used included the Alcotest 7110 MK III C and Datamaster CDM Infrared instruments.

February 4, 2006 I attended the New Jersey Institute of Continuing Legal Education (ICLE) Seminar entitled “DWI UPDATE 2005-06: ALCOTEST IMPLEMENTATION, INTERLOCKING DEVICES & MORE”. This seminar was held at the New Jersey Law Center in New Brunswick, New Jersey. This seminar provided updated information on the Alcotest Implementation Schedule, Alcotest Breath Test Tolerances, Alcotest 7110 MK III C Discovery, Sample Alcohol Influence Reports, NJSP Alcotest 7110 MK III C Operators Manual and Testing Procedures, Error Messages, Proper Procedures for Implementation of Refusal Charge and Termination of Breath Tests, and General Scientific Understanding of the Theory and Operation of the Alcotest 7110 MK III C Dual Sensoric Breath Testing Instrument.

March 10, 2006 I sponsored and provided instruction as one of three primary instructors at a 4 hour New Jersey DWI seminar entitled “THE NEW FACE OF DWI DEFENSE IN NEW JERSEY” which was held at the Courtyard Marriott Hotel in Lebanon, New Jersey. This seminar was attended by NJ defense attorneys. This seminar covered many topics related to the proper use and reliability of the Alcotest 7110 MK IIIC which included, but was not limited to, Instrument Tolerance issues, current Calibration Procedures, Instrument Error Messages, Discovery Issues, the Alcohol Influence Report and other related Alcotest 7110 MK III C police reports, and procedures related to the implementation of the charge of Refusal when utilizing an Alcotest 7110 MK IIIC instrument.

March 17, 2006 I was one of three instructors at an Alcotest 7110 MK IIIC seminar entitled “The New Face of DWI Defense in New Jersey”, which was held at the Courtyard Marriott Hotel in Parsippany, New Jersey. This seminar was attended by NJ and/or NY defense attorneys. Topics covered at this seminar included the Operational Procedures of the Alcotest 7110 MK IIIC instrument, Calibration, Calibration Checks, Linearity Checks, Instrument Tolerances Issues, Flagging of Instrument Error Messages, Discovery Issues, Refusal cases, and Interpretation of the Alcohol Influence Report and other related police reports or Certificates of Accuracy pertinent to the Alcotest 7110 MK III C case

March 20, 2006 I began “hands on” operation and testing of a New Jersey State Police Alcotest 7110 MK III C instrument, which is equipped and configured with the current NJ 3.11 Firmware. This “hands on” use of the instrument encompasses access to all facets of Alcotest 7110 MK III C Operation, triggering of error messages, simulator solution changes, interferent testing and those black key security functions performed by a Breath Test Coordinator Instructor such as calibration checks, linearity testing etc.. The use and possession of this Alcotest 7110 MK III C instrument was granted by court order as the result of the current State vs. Chun scientific reliability hearing on the Alcotest 7110 MK III C instrument.

March 23, 2006 I successfully completed a Breath Alcohol Technician Instructor Proficiency Course held at the JFK Airport Medical Office in Jamaica, New York. This course was presented and sponsored by Sue Clark, President of Alpha Pro Solutions, Inc. As a result of demonstrating proficiency in the proper operational use and administration of breath tests while utilizing the Alcotest 7110 MK III C instrument, I was granted certification under the United States Department of Transportation CFR 49 part 40 as a Certified Breath Alcohol Technician Instructor, permitting me to train and certify individuals in safety sensitive positions as Breath Alcohol Technicians in the use of the Alcotest 7110 MK III C instrument..

March 24, 2006 I was one of three instructors at an Alcotest 7110 MK IIIC seminar entitled “The New Face of DWI Defense in New Jersey”, which was held at the Courtyard Marriott Hotel in Tinton Falls, New Jersey. This seminar covered many topics related to the proper use and reliability of the current NJ 3.11 firmware which is being used in the Alcotest 7110 MK IIIC instrument in the State of New Jersey. Topics included, but was not limited to, Instrument Tolerance issues, current Calibration Procedures, Instrument Error Messages, Discovery Issues, the Alcohol Influence Report and other related Alcotest 7110 MK IIIC police reports, and procedures related to the implementation of the charge of Refusal when utilizing an Alcotest 7110 MK IIIC instrument.

March 31, 2006 I was one of two instructors at an Alcotest 7110 MK IIIC seminar entitled “The New Face of DWI Defense in New Jersey”. This seminar was held at the Courtyard Marriott Hotel in Mount Laurel, New Jersey. This seminar included instructions and dissemination of information of the Operational Procedures for use of the Alcotest 7110 MK III C instrument in the State of New Jersey with the use of the current NJ 3.11 firmware. Topics of instructions and discussion included, but were not limited to, the Valid Breath Sample Acceptability Criteria, Acceptable Tolerances, Calibration, Calibration Check and Linearity Test Procedures, Triggering of Instrument Error Messages, Discovery Items and Issues, the Alcohol Influence Report and other related Alcotest 7110 MK III C police reports, and proper implementation of the charge of Refusal and issues pertaining to same when utilizing the Alcotest 7110 MK III C instrument.

October 17, 2006 I was one of two primary speakers at the “North Hudson Lawyers Club” monthly meeting at the El Meson Espanol located at 5700 Kennedy Boulevard in West New York, New Jersey. We provided information, instruction and demonstration to members of the Legal Community regarding the proper administration, calibration and use of the Alcotest 7110 MK III C instrument.

October 23, 2006 I was one of two guest speakers at the Morris County Inn of Court Meeting entitled “Developments in DWI Law” which was held at the Morris County Court House, Administration Building, in Morristown, New Jersey. The other guest speaker included a Municipal Court Judge responsible for several Municipal Courts in Morris County. I provided lecture and demonstration of the Alcotest 7110 MK III C instrument to members of the Legal Community.

November 29, 2006 I was one of four expert witness guest speakers at an “XTREME CLE 2006” Conference and Seminar which was held at the National Conference Center at the Holiday Inn in East Windsor, NJ. This conference was sponsored by the MERCER COUNTY BAR ASSOCIATION in cooperation with the New Jersey Law Journal. I provided lecture and discussion on the topic of the “Alcotest 7110 MK III C DEFECTS, DISCOVERY AND DEFENSE”. This course was open to and attended by members of the Law Enforcement Community, Prosecutors and Defense Attorneys.

ADDITIONAL INFRARED AND/OR FUEL CELL INSTRUMENTATION TRAINING, EXPERIENCE, LECTURES/SEMINARS:

May 20, 1995 I attended and completed an 8 hour course entitled "BAC Datamaster Supervisor Competency Course" conducted by the manufacturer of the BAC Datamaster, National Patent Analytical Systems, Inc. of Mansfield, Ohio. Upon completion of this course I was deemed competent and certified in the theory and operation of the BAC Datamaster Infrared Alcohol Breath Analysis Instrument in order to operate and supervise operations of the instrument as it is used in the art of evidential Alcohol Breath Analysis. This training complies with 49 CFR Part 40 training requirements for Breath Alcohol Supervisor. This certificate allows me to conduct tests on a subject and to make changes in the overall operation of the instrument.

July 6, 1995 I attended and completed an 8 Hour course entitled "Level C Trainer" conducted by the manufacturer of the Breathalyzer, National Draeger Inc., of Pittsburgh, Pennsylvania. Upon completion of this course I was certified to conduct proficiency training in the use of the Breathalyzer 7410 in compliance with the specifications of the Department of Transportation Alcohol Testing Procedures and testing and maintenance of the Breathalyzer 7410 in order to insure accuracy and conformance to Quality Assurance Plan. Training includes certifying Level D1 and D2 personnel as Breath Alcohol Technicians for private industry and those persons who will calibrate the instrumentation. As part of this instruction I am certified to perform training in the Theory and Methodology of the Simulator.

I completed a Breath Alcohol Technician training course under the instruction of the Director of Medical Services of N.J. Transit. Upon completion of this course I was certified competent to explain evidential breath test (EBT) methodology, operation, and calibration checks. This course certified me to describe breath analysis for alcohol content, explain the transportation workplace alcohol testing program and demonstrate the procedures for obtaining a breath sample and interpreting and recording EBT results.

I was trained and certified regarding my ability to demonstrate proficiency in operating the EBT that the student will use for alcohol testing. This course certifies me proficient in 49 CFR Part 40 Procedures in compliance with the Omnibus Transportation Act of 1991 mandating Alcohol and Drug Testing for safety-sensitive employees. This course deems proficiency in the Infrared, Fuel Cell, and Wet Chemical Breath Testers such as the Models 900 and 900A.

September 11, 1995 through September 15, 1995 I attended and completed a 40 hour "Technical Maintenance Training Course" held at National Patent Analytical Systems, Incorporated in Mansfield Ohio involving the Infrared instrument known as the BAC Datamaster. This course certified me as a Technician in the Infrared Technology of the BAC Datamaster. This granted me total ability to service, operate and supervise others in the operation of the instrument.
This course included instruction in the Application of Infrared Spectroscopy, the Optical Path, Breath Path and Plumbing as well as Sampling Requirements to include the Breath and Simulator. Other areas of instruction included the Circuit Board Descriptions, other Instrument Hardware, and Infrared Detector. I was instructed in the Test Sequence involving a Subject test, Supervisor test and Diagnostic test. We were required to conduct Electrical Checks and ascertain Functional Errors and implement troubleshooting procedures. Covered as well was the Datamaster Calibration to include the procedure involved and the meaning of the Calibration Factors. Finally, as part of the course curriculum a Schematic Analysis and System Description was covered in detail and depth.

May 17 through May 19, 2004 I attended a “Supervisory Level” training course held at the factory location of National Patent Analytical Systems, Incorporated in Mansfield Ohio. This course provided instruction in the Theory of Operation on the Infrared instrumentation known as the Datamaster/CDM. Instruction was provided in the Calibration Procedures, Voltage Adjustments and Troubleshooting of the instrument. This course included hands-on training sessions which included repairing of the instrument as well as completely tearing down and rebuilding of the Infrared Datamaster/ CDM Instrument.

A demonstration of the newly developed DATAMASTER/ DMT Infrared instrument and tour of the production facilities of the factory was also included during this time. This course included but was not limited to updated instruction in the Application of Infrared Spectroscopy, the Optical Path, Breath Path and Plumbing, Calibration Factors, and Sampling Requirements to include the Breath and Simulator. This course certified and authorized me to use, maintain, perform repairs on and train others in the operation and repair of the BAC Datamaster CDM Infrared Breath Alcohol Analyzer in accordance with the instructions received from National Patent Analytical Systems, Inc.

April 8, 2005 I attended a “Mississippi Intoxilyzer 8000 Course” entitled “What Tennessee Knows that the Rest of Us Do Not” held at the Old Capitol Inn in Jackson, Mississippi. The instructors included individuals retaining Federal DOT permits in the use of the Intoxilyzer 5000 and Intoxilyzer 8000 instruments, a Toxicological expert and emeritus faculty member of the Ohio State University College of Pharmacy and member of the American Academy of Forensic Sciences. In attendance were both prosecuting and/or defense attorneys, investigators and/or experts in the field of DWI from numerous states throughout the country.
This Intoxilyzer 8000 seminar included the demonstration of the procedures for the Intoxilyzer 8000 and Intoxilyzer 5000 instruments, a comparison between the operation of the Intoxilyzer 5000 vs the Intoxilyzer 8000, the general science behind Infrared instrumentation and the procedures for instrument qualification in the states of Mississippi, Arizona and Florida. This course included “hands on” operation of both the Intoxilyzer 5000 and Intoxilyzer 8000 Model instruments. The “hands on” use of the instrumentation included the administration of breath tests on live subjects who had taken part in a controlled drinking exercise. This course also provided me the opportunity to conduct and/or assist in experimentation with the use of these Infrared instruments in relation to testing and detection of mouth alcohol interference by each Infrared instrument’s respective slope detectors. A checking of each Infrared instrument’s RFI detection capabilities was also evaluated and assessed. This course also included personal examination of the internal components and/or parts of the Intoxilyzer 8000 as one of the instructors completely disassembled the instrument during instruction.

April 15, 2005 thru April 17, 2005 I completed a “Intoxilyzer Breath Alcohol Technician Training” course held at the Delta Chelsea Hotel in Toronto, Canada. This course was sponsored by Industrial Training & Design Ltd of Saskatoon, Saskatchewan, Canada. This company is the Exclusive Canadian Intoxilyzer DOT & OH&S Distributor and Training Agent of Intoxilyzer breath alcohol testing products. The course was presented by their chief BAT instructor who is both a former Canadian Constable and US DOT Breath Alcohol Technician Instructor certified by the manufacturer of the Intoxilyzer known as CMI. This course was attended by a former member of the Royal Canadian Mounted Police Department and members of the legal community.

This training included instruction in the History and Theory of breath alcohol testing, Principles and operation of both roadside and evidentiary instruments, Specificity of breath alcohol measurements, accuracy of test procedures, Relevant anatomy and physiology, Pharmacology of alcohol absorption, distribution, metabolization and elimination, Physiological signs of impairment and how they differ from other medical conditions, The effects of interferents on testing, roadside sobriety testing principles, Police Intoxilyzer breath testing operations, Component systems of the Intoxilyzer line of breath testing instruments with complete knowledge of how they work and what can go wrong, Complete information on instrument operation, maintenance and calibration, and Breath alcohol testing in the workplace.

This course provided information and instruction in the operation of the Intoxilyzer Model 5000C and the enhanced version known as the Model 5000EN. This course also included experimentation and “hands on” operation of the Infrared instrument known as the Intoxilyzer Model 5000EN and the Intoxilyzer evidentiary fuel cell screening devices known as the Model 400, Model SD-5 and Model S-D2. These practical “hands on” sessions allowed the student to experience the instruments first hand from both sides of the mouthpiece. The laboratory practical sessions included Typical and Atypical Breath testing scenarios. The practical sessions also included live subject testing on individuals who had taken part in controlled drinking exercises. This session also included a special evening workshop on April 15, 2005 for current and past participants in the “Intoxilyzer Breath Alcohol Training” courses which focused on instrument “INTERFERENTS”. This training complies with 49 CFR Part 40 training requirements for “Breath Alcohol Technician” (BAT) Training under the United States Department of Transportation and certified me in the operation of the Intoxilyzer .

June 24-25, 2005 I successfully completed a sixteen hour workshop for the “MAINTENANCE AND REPAIR ON THE INTOXILYZER 5000 SERIES” Infrared instrument which was sponsored by C.E.S. Consulting, Inc. and held at the Plaza Ocean Club Hotel in Daytona, Florida. This course included Instrument Infrared Theory, Basic Elements of IR EBT Machine, the “Systems” of the Intoxilyzer and the “hands on” Break Down and Re-Assembly of the Intoxilyzer 5000 Instrument. This course also included demonstration of the effects of Mouth Alcohol and/or certain other Interferents during the operation of the Intoxilyzer 5000.

July 14, 2005 I completed the ‘Workplace Alcohol Testing Breath Alcohol Technician and Breath Alcohol Technician Evidential Breath Testing Instructor Course” as