Form 12: Request for Alcohol Test Discovery
website: www.njlaws.com
PROSECUTOR
c/o MUNICIPAL COURT
Court Administrator
MUNICIPAL COURT
RE: State v
D/O
Summons:
Offense: DWI,
REQUEST FOR ALCOTEST DISCOVERY
& Letter of Representation to Court
Dear Prosecutor and Court Administrator:
Kindly enter my appearance for said defendant and a plea of "NOT GUILTY". Under Rule 7:6-1b my client waives arraignment and certifies we have received a copy of the complaint, have read it and understand the substance of the charge.
Since this is an Alcotest case, demand is made that the Prosecutor and Police provide us with paper discovery, not electronic discovery, on attached Schedule A pursuant to Rule 3:13-3, Rule 7:7-7(b), the Open Public Records Act (OPRA) 47:1A-1 et seq. and the common law right to know under Shuttleworth v. City of Camden, 258 N.J. Super. 573 (App. Div. 1992). Included is demand for dispatcher time records and all CAD REPORTS/ COMPUTER ASSISTED DISPATCH REPORTS.
Please preserve any video and advise if there is a video of the stop or arrest. If so, fax us the cost for the video and who the check is payable to. Please forward to me all documents which you have in your possession or which are in the possession of any law enforcement agency or the complainant involved in this case. Since there is a DWI moving violation, you must provide us with a driver's license abstract. The Court Rules require the Prosecutor and Court to review the abstract. Please advise immediately of the cost for discovery.
In addition, each request is specifically sought under the rule of Brady v Maryland, 373 U.S. 83 (1963) and its progeny, and State v Polasky 216 N.J. Super. 549 (Law Div. 1986). Unless all requested discovery is received and Evid. Rule 807 is complied with, the defense will make a motion to dismiss all charges and will object to any attempt by the State to introduce evidence at trial. Demand is made for a speedy trial.
I serve as Public Defender in Metuchen on Wednesday nights at 6:30 so I request no Wednesday night trials, if possible. If the Court or the Prosecutor has any questions I would be glad to speak with you.
Respectfully submitted,
KENNETH VERCAMMEN
KAV/
cc: client
SCHEDULE A
DISCOVERY SCHEDULE- [Discovery List: DWI Alcotest 7110 Cases]
(1) BALANCE TESTS:
If Defendant was told to do certain "tests" — e.g., recite ABC's, count backwards, one-leg-stand, heel-to-toe stand, heel-to-toe walk, sway test, head tilt, waist bend, elephant hang, finger-to-nose, coin pick up, etc. —
1. documents describing how, under what conditions, and by whom each "test" was given
2. documents describing "test" results
3. training materials for each "test", including manuals, lesson plans, texts, tests, and article reprints
ALCOTEST
The following items are requested by defendant and defendant's expert if an Alcotest machine was used. Since my client does not have ready access to the internet, we request hard copy of documents...
