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Tuesday, January 18, 2011

ADDITIONAL DISCOVERY MATERIAL PROVIDED TO DWI DEFENDANTS

In State v. Maricic the New Jersey Appellate Division (unpublished decision) held that a defendant charged with DWI has the right to obtain, as part of discovery demands, a copy the repair logs and date download stored on the Alcotest instrument used for his test for the period ranging from the date of the last calibration until the date of the defendant's arrest. This is an important decision especially in light of the recent pending Supreme Court case filed by Ashton Thomas, Esq regarding the Alcotest apparent hardware defect in failing to provide a calibration system for breath samples given. 

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