Discovery in Alcotest DWI Cases

Discovery in Alcotest DWI Cases

If you have received a DWI in one of the municipalities of Ocean County or Monmouth County it is very probable that the State (police department) will rely on your BAC test to attempt to convict you. The BAC test by the Alcotest machine will only be allowed into evidenced and thus be able to be used against you if twelve (12) additional documents are also offered into evidence. These are known as foundational documents that are required to be introduced into evidence during the course of an N.J.R.E. 104(a) hearing to support the admissibility of an Alcotest reading. They include the following:

  1. The Alcohol Influence Report
  2. The Alcotest operator’s card showing authority to operate the instrument on the date the test was administered to the defendant;
  3. A written calculation prepared by the prosecutor showing that the calculations reported on the AIR are within acceptable tolerance;
  4. The most recent calibration record prior to the defendants tests, including the controlled test; the linearity test, and the credentials of the coordinator who calibrated the machine;
  5. The most recent new standard solution report prior to your DWI arrest;
  6. A Certification of Analysis for the simulator solution as used in the defendant’s controlled tests.

Unless there is a pretrial challenge to the admissibility of the Alcotest’s BAC calculation based on other foundational documents then there is no need for these items to be made part of the record.

Furthermore, for the State to prove that you are guilty of a per se DWI violation it must demonstrate 1) that you operated a car within the territorial jurisdiction of the Court and 2) that the arresting officer had probable cause to believe that you were under the influence of an alcoholic beverage, a narcotic, hallucinogenic drug, or chemical inhalant.

The Villani & DeLuca Drunk Driving Lawyers

If you have been charged with a DWI or DUI you need to call an experienced New Jersey criminal defense attorney to protect your rights. Partner, Carmine R. Villani, Esq. has a wealth of experience in New Jersey criminal defense having served as municipal prosecutor and municipal public defender in numerous municipalities in Ocean County and Monmouth County throughout his 20+ year legal career. Contact the experienced NJ criminal defense attorneys of Villani & DeLuca, P.C. for a free initial consultation. Call 732-965-3350 today!