New Jersey Criminal Lawyers Blog

In the recent Superior Court of New Jersey Appellate Division case of State v. Maricic, the Court's decision further discussed the scope of discovery availabe to a municipal court defendant in a prosecution for driving while intoxicated, New Jersey Statute 39:4-50.

One relevant piece of evidence that is discoverable in a New Jersey DWI case is the repair records of the Alcotest device. State v. Chun, 194 N.J. 54 (2008).

A second piece of evidence is downloaded Alcotest results from the date of the machine's last calibration. State v. Chun, 194 N.J. 54 (2008). The State v. Chun, 194 N.J. 54 (2008)decision ordered the State to create and maintain a centralized statewide database, comprised of downloaded Alcotest results, and make the data, available to defendants and counsel. Currently, this data is available on an interim local basis while a statewide database is established.

Furthermore, there are foundational documents required in order to establish the reliability of the Alcotest device utilized in connection with a particular prosecution. A proper foundation for the admission of an Alcotest reading should include the testimony of the operator that the customary procedures have been meticulously followed and the production of the operator's credentials and twelve enumerated foundational documents that must be provided by the municipal prosecutor in discovery that could be admitted in evidence as business records if kept in the normal course of the State's business.

The Court in State v. Chun, 194 N.J. 54 (2008), held:

The foundational documents that we conclude need to be entered into evidence therefore are few. They are: (1) the most recent calibration report prior to a defendant's test, with part I control tests, part II -- linearity tests, and the credentials of the coordinator who performed the calibration; (2) the most recent new standard solution report prior to a defendant's test; and (3) the certificate of analysis of the 0.10 simulator solution used in a defendant's control tests.

Continue reading "Discovery Available To A Defendant In A New Jersey Driving While Intoxicated Prosecution" »

New Jersey Administrative Code § 6A:9-17.1 states the following:

Certificate holder
(a) For purposes of this subchapter, the term certificate holder shall include all individuals who hold certificates, credentials, CEs and CEASs issued by the State Board of Examiners.
(b) For purposes of this subchapter, the term certificate shall include all standard, emergency and provisional certificates, all credentials and all CEs and CEASs issued by the State Board of Examiners.
(c) All certificate holders shall report their arrest or indictment for any crime or offense to their superintendent within 14 calendar days. The report shall include the date of arrest or indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to their superintendents the disposition of any charges within seven calendar days of disposition. Failure to comply with these reporting requirements may be deemed "just cause" pursuant to N.J.A.C. 6A:9-17.5. School districts shall make these requirements known to all new employees and to all employees on an annual basis.

To summarize, certificate holders that work in school systems must report to the Superintendent within 14 days any arrest or indictment for any crime or offense from any jurisdiction. When the case is completed, the school employee must report within seven days the final disposition.

The chief school district administrator is also responsible for reporting to the State Board of Examiners when he or she has received a report from the Division of Youth and Family Services (DYFS) substantiating allegations of abuse or neglect or establishing "concerns" regarding a certificated teaching staff member. N.J.A.C. § 6A:9-17.4

Continue reading "New Jersey School Employees Must Report Criminal Charges To Superintendent" »

In a recent Asbury Park Press article entitled, "Ticket writing is up in NJ; Is it to make roads safer, or just a money grab?" the writers provided a great summary of the possible link between increased traffic tickets and the need for additional revenue for budget deficiencies in New Jersey municipalities. Drivers in Ocean County and Monmouth County need to be aware of red-light cameras and increased law enforcement efforts.

Last year Brick Township installed two red light cameras at the intersections of Brick Blvd. / Chambers Bridge Road and State Hwy. 70 / Chambers Bridge Road. Brick's traffic violations more than doubled to 13,738 in the last half year since one camera became fully active September 1. Brick is considering adding three more red light cameras.

In Freehold there has been a 66% increase in tickets attributed by police to two factors. First, there is a safety-motivated crackdown on seat belt violators. The Freehold police have a system of monitoring vehicles stuck in downtown traffic by using a spotter and three officers which nets up to 50 tickets a day for seat belt violations. Parking tickets in Freehold rose 167% thanks to a special officer that is very vigilant.

Beach Haven in Ocean County has seen a 108% jump in traffic tickets most likely in the summer months when visitors flock to the Long Beach Island beaches. Monmouth County towns that have seen an increase include Englishtown where a few roads have dramatic reductions in speed limit; Spring Lake Heights with its many stop signs through residential neighborhoods; and Neptune City which many visitors and residents pass through on the way to Monmouth County beaches.

There is no denying that more traffic tickets equals more revenue for municipalities trying to bridge gaps in budgets due to loss of State aid. Police and municipal official's opinions are that more traffic tickets will save lives with better traffic law enforcement.

Continue reading "Drivers In Ocean County And Monmouth County, New Jersey Beware Of Red-Light Cameras And Traffic Law Enforcement!" »