Muni-mail – Data Download Prior to Defendant’s Arrest Required – State v. Maricic (UNPUB)
[09-01-10 – 8:37 pm] In an UNPUBLISHED decision released yesterday captioned State v. Maricic, the Appellate Division ruled that a defendant in a drunk driving case has the right receive as part of his discovery the data 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. The defendant is required to pay for any associated, additional costs with producing this discovery. In addition, the defendant is also entitled as part of his discovery to the repair records for the Alcotest instrument upon which he was tested.
Category: Muni-Mail Archive