In an unpublished Appellate Division case, the Court held that a defendant charged with DWI is entitled to receive as part of discovery the data downloads from the date of the last calibration up until the time of the defendant’s test. In addition, the Court held that the defendant is entitled to the repair records for the machine.
The repair records were typically difficult to get access to. In most cases, they were not provided and the State was no penalized for failing to provide the repair records. With this decision, a NJ DWI defense lawyer will be able to ascertain whether there were serious problems with the machine prior to or after the defendant’s test, how long the machine was out of service, the nature of the problem, and if that problem or issue may have impacted the defendant’s test. There are many other benefits, but those listed above are important because it will bring into question the reliability of the instrument on a particular occasion.
The case is captioned State v Maricic. This decision is another surprisingly good one for New Jersey DWI attorneys and those charged with Driving While Intoxicated in NJ.