It depends -- how do they do the test in Jersey and what other mods did the guy have -- most people don't get a tune with all stock breather parts.
It could have failed on visual inspection with intakes, for example, or the person might have had non-OEM cats (or none) and failed either visual or emission output, which will not be improved from the tune.
If everything was stock and he failed, then flash it back to stock before inspection and re-flash the tune on there after.
If the issue was mechanical/actual emissions produced, and NOT just due to the tune, then it all depends on the mods and where you get tested -- good luck.
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