2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He has been selected to write the new ABA book: DUI and Drug Possession Defense".

Thursday, May 14, 2015

If the DWI stop was for a speeding ticket, we request additional discovery.

If the DWI stop was for a speeding ticket, we request additional discovery. In order that there be no misunderstanding, in addition to the usual police reports, under State v Green 417 NJ Super. 190 (App. Div. 2010) we demand additional discovery.

     In State v Green 417 NJ Super. 190 (App. Div. 2010)  the court decided that a motorist who has been charged with speeding is entitled to discovery respecting
(1) the speed-measuring device's make, model, and description;
(2) the history of the officer's training on that speed-measuring device, where he was trained, and who trained him;
(3) the training manuals for the speed-measuring device and its operating manuals;
(4) the State's training manuals and operating manuals for the speed-measuring device;
(5) the officer's logbook of tickets written on the day of defendant's alleged violation;
(6) the repair history of the speed-measuring device used to determine defendant's speed for the past twelve months; and
(7) any engineering and speed studies used to set the speed limit at the section of highway where defendant's speed was measured. 
The court also found that the Stalker Lidar speed-measuring device had not been proven to be scientifically reliable and, as such, the results of its operation should not have been admitted during the municipal court proceedings or considered by the Law Division. The court remanded the matter to the Law Division for a plenary hearing on the scientific reliability of the Stalker Lidar. If it is determined to be reliable, then the matter is remanded to the municipal court for trial after the State has provided all of the discovery required by this opinion.

Therefore, we also request that the following be provided in discovery:

8. We request copies of any reported or unreported cases that indicate the machine used in this case has been found to be scientifically reliable.
9.  All relevant written or recorded statements, or signed or unsigned confessions, written summaries of oral statements of confessions made by the defendant;
     10.  All books, papers, documents, photographs, sound or video recordings, tangible objects, buildings, or places, which are intended for use by the state as evidence at the trial
     11.  Copies of all correspondence received from the manufacturer of the SPEED MEASURING DEVICE;
     12.  All certificates of calibration for the SPEED MEASURING DEVICE unit used;
     13.  All certificates of calibration for the any tuning forks used;
     14.  Speedometer certifications for the vehicle used which the state intends to rely upon at trial;
     15.  All correspondence and documents received from the Division of Weights and Measures regarding the SPEED MEASURING DEVICE unit and/or tuning forks used;
     16.  The names and addresses of all individuals whom the arresting officer wrote tickets for in the period of twenty-four (24) hours prior to and the period of twenty-four (24) hours after the instant offense, and the disposition of any speeding cases.
         The defense hereby demands that the originals of any and all certificates be