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Appellate Division Finds Sequestering Of Expert Witness Was Improper.

February 18, 2009

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In State v. Popovich, the New Jersey Appellate Division reversed a DWI conviction finding that it was error for the trial court to order sequestration of the defendant's breathalyzer expert. The Court noted that the defendant's expert was not being called to testify with respect to his knowledge of underlying facts, which might support sequestration. Rather, he was offering opinions regarding the validity and reliability of the BAC readings obtained through the breathalyzer. The Court found that the expert was entitled to hear the testimony being offered by the State as to the BAC results.
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