A mistrial was declared three days into the trial of a man charged in the death of a Jersey City firefighter after it was found the defendant’s extremely high blood alcohol level was the result of another person’s blood sample.

“It’s an outrage,” attorney Peter Willis told the judge at the trial of Stephen Zadroga, 28, of Jersey City, who was being tried for the aggravated manslaughter of Matthew Nierstedt, 29, a passenger in Zadroga’s car at the time of the Nov. 16, 2017 crash on Paterson Plank Road.

Zadroga, who showed no emotion after Hudson County Superior Court Judge Patrick Arre’s decision, had faced 10 to 30 years in prison if convicted. Willis said his client realizes he is “still in a difficult position” since he could be tried again.

The next hearing in the matter is set for Sept. 9. The judge dismissed the DWI charges against Zadroga.

Prosecutors have argued that Zadroga’s BAC was 0.376 at the time of the crash — 4.5 times over the legal limit, court documents say. He was also accused of traveling 88 miles per hour at the time of the head-on crash. The speed limit at the location is 25 mph.

“We can assure you, a full review will be conducted as to the circumstances that have led us to this point,” Ray Worrall, a spokesman for the Hudson County Prosecutor’s Office, said. “In view of the court’s ruling, the state will re-present the matter to a Grand Jury. We are precluded from any further comment on the matter as it is pending further investigation.”

On Thursday, the nurse at the Jersey City Medical Center who took Zadroga’s blood sample testified that records show she took two vials of blood from him. That started the wheels turning because when a Hudson County Prosecutor’s Office detective picked up Zadroga’s blood samples at the hospital, there were five vials.

An investigation by the HCPO that began Friday determined that the identification numbers on the vials belonged to a person who was taken to the hospital on April 4, 2017 — some seven months before the fatal crash — after falling out a window.

When they checked that man’s medical records, they found that his BAC was 0.376.

Willis filed a motion to dismiss the charges Sunday and on Monday Hudson County Assistant Prosecutor Leo Rinaldi said “The matter should be dismissed. A mistrial should be declared.” Rinaldi said he no longer had faith in the BAC evidence in the case.

In arguing for a mistrial, Willis spoke of possible negligence or recklessness by the state in allowing the prosecution and trial to proceed so far before verifying the BAC evidence.

The attorney also noted that there was no credible evidence from anyone at the scene of the crash indicating Zadroga was intoxicated. He was not cited for DWI until a month after the crash and blood was taken from him only after he suffered a seizure in the crash’s aftermath.

In arguing for a mistrial Monday, Willis noted that his client and family have spent $100,000 on Zadroga’s defense and asked Arre, “What are they going to do, spend another $100,000 on a new trial?” Willis said he is committed to the case regardless of “whether or not there is any financial reward for me.”

On Monday he commended Rinaldi for doing the right thing when the BAC evidence became suspect.

The defense attorney noted the tragic death of Nierstedt, but also said his client and family have been through a stressful and frightening ordeal. Zadroga and Nierstedt were lifelong friends.

Nierstedt is the son of retired Jersey City Police Deputy Chief Charlie Nierstedt, who has been in court during the trial that started last week. After Willis’ argument for dismissal, the father said, “What can I say?” and held his hands in front of him with palms up.

But the attorney also noted that to move forward, the state will have to indict Zadroga again, this time without BAC evidence. He said his client is in a much better position.

The driver of the other car in the crash, Steven Carvache, 40, of Jersey City, still faces charges of speeding and DWI related to the early morning crash. A second passenger in Zadroga’s car told investigators Carvache’s vehicle had crossed into Zadroga’s lane at the time of the crash.

Willis said he will begin talks with the HCPO next week to try to resolve the case before a possible second trial.

One representative from the Jersey City Medical Center told detectives that they believe the blood samples turned over to the HCPO were in fact Zadroga’s and did not concede that an error was made, court documents say.

The man who fell out of the window died at the hospital on April 12, 2017, court documents indicate.