Call Now For Help

732.580.1237

In NJ DWI prosecutions, State must Provide all Alcotest Repair Records

03
Oct
2010

by in Criminal Appeals, DWI Defense

In defending a NJ DWI (DUI), one of the first things a DWI defense attorney will do is demand that the prosecutor turn over all “discovery.” Discovery simply means evidence. All evidence that the state has in its possession must then be handed over to the defense for review. It is important to keep in mind that this includes both “inculpatory” and “exculpatory” evidence.

In other words, even if the evidence would only help the DWI defendant, the state must turn it over. One crucial piece of evidence that may help a DWI defendant is the maintenance and repair records of the specific Alcotest (breathalyzer’s replacement) machine used to test the suspects blood alcohol content (BAC).

In my own DWI defense practice, I routinely demand all such records as part of my initial discovery request. The state often provides nothing, asserting that no such records exist. Alternatively, the state will offer “packing slips” which are virtually useless as they seldom disclose what defects or malfunctions the machine may show.

The New Jersey Superior Court recently held in State v. Maricic that the state must turn over all maintenance and repair records in a DWI prosecution, if requested by the defendant. While this holding is still new, It can easily be predicted that the state will continue to fail to keep these records, thereby by passing the court’s ruling.

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.