sample DISCOVERY SCHEDULE- [Discovery List: DWI
Alcotest 7110 Cases] from seminar Handling Drug, DWI and serious municipal court cases
ALCOTEST
The
following items are requested by defendant and defendant's expert if an
Alcotest machine was used. Since my client does not have ready access to the
internet, we request hard copy of documents, not a website link:
I. Documents explicitly set forth in the Order
accompanying State v. Chun (following each item is a reference to which section
of the Order provides for that item):
1. "All Dräeger Certificates of
Accuracy" for the Alcotest(r) used to test Defendant's breath [3(C)(5)]
2. "Certification of Analysis" for
the .10% simulator solution lot used during the Defendant's breath tests
[6(B)(3)]
3. "Calibration Record" for the last
calibration (must be within the last six months) of the Alcotest(r) used to
test Defendant's breath, prior to the test [3(C)(6)]
4. "Certification of Analysis" for
the .10% simulator solution lot identified on the "Calibration
Record" document [3(C)(7)]
5. "Certificate of Accuracy" for the
CU-34 identified on the "Calibration Record" document [3(C)(10)]
6. If the "Calibration Record" has a
"Black Key Temperature Probe" identified by serial number, then we
need the "Certificate of Accuracy" for it [3(C)(11)]
7. "Part I - Control Tests" from the
last calibration [3(C)(6)]
8. "Certification of Analysis" for
the .10% simulator solution lot identified on the "Part I - Control
Tests" document [3(C)(7)]
9. "Certificate of Accuracy" for the
CU-34 identified on the "Part I - Control Tests" document [3(C)(10)]
10. "Part II - Linearity Tests" from
the last calibration [3(C)(6)]
11. "Certification of Analysis" for
the .04% simulator solution lot identified on the "Part II - Linearity
Tests" document [3(C)(8)]
12. "Certification of Analysis" for
the .08% simulator solution lot identified on the "Part II - Linearity
Tests" document [3(C)(8)]
13. "Certification of Analysis" for
the .16% simulator solution lot identified on the "Part II - Linearity
Tests" document [3(C)(8)]
14.
"Certificate of Accuracy" for the CU-34 using .04% simulator solution lot identified on the
"Part II- Linearity Tests" document [3(C)(10)]
15. "Certificate of Accuracy" for the
CU-34 using .08% simulator solution lot
identified on the "Part II- Linearity Tests" document [3(C)(10)]
16. "Certificate of Accuracy" for the
CU-34 using .16% simulator solution lot
identified on the "Part II- Linearity Tests" document [3(C)(10)]
17. "Ertco-Hart (or other NIST traceable
thermometer) Report of Calibration" [3(C)(12)]
18. "New Standard Solution Report"
from the simulator solution change performed immediately after the last
calibration [3(C)(9)]
19. "New Standard Solution Report"
from the last simulator solution change performed on the Alcotest(r) used to
test defendant's breath, prior to the test [3(C)(1)]
20. "Certification of Analysis" for
the .10% simulator solution lot identified on the "New Standard Solution
Report" [3(C)(2)]
21. "Certificate of Accuracy" for the
CU-34 identified on the "New Standard Solution Report" [3(C)(3)]
22. All Alcotest(r) Certification Cards for any
officials named on either the "Alcohol Influence Report", the
"Calibration Record / Control Tests / Linearity Tests", or the
"New Standard Solution Reports." [3(C)(1); 3(C)(6); 6(A); 6(B)(1)]
II. Documents the Supreme Court did not
specifically state in the Chun Order, but which are inferred by the Order and
are requested and are customarily provided without objection by the State:
23.
"Alcohol Influence Report" (A.I.R. AIR)
24.
"Certificate of Accuracy" for the CU-34
calibrating unit used during the Defendant's breath tests
25.
"Certification of Analysis" for the .10%
simulator solution lot identified on the "New Standard Solution
Report" (see #18 from Part I)
26.
"Certificate of Accuracy" for the CU-34
identified on the "New Standard Solution Report" (see #18 from Part
I)
27.
"Certificate of Accuracy" for the
"Temperature Probe," identified by serial number, for each "New
Standard Solution Report" (see #18-21 from Part I)
III. Documents the Supreme Court did not
specifically state but are requested and which are requested by our experts:
28.
At least one, but preferably five redacted A.I.R.s
immediately preceding that of the Defendant.
29.
All available Alcotest(r) Data Downloads from the
Alcotest(r) on which the Defendant was tested. These were performed yearly or
after approximately 500 tests, whichever came first, prior to State v Chun. They are now performed every six months or
after approximately 500 tests, whichever comes first.
30.
Verification of the date in which the Alcotest(r) used
to test the Defendant's breath was first placed into service.
31.
Date of fuel cell (EC) replacement, if any.
32.
Complete service and repair record from the Department
and Dräger for the Alcotest(r) instrument used to test the Defendant's breath.
Other documents:
33.
Video tapes
34.
Audio tapes
35.
State’s expert reports or statement of the facts and
opinions to which the expert is expected to testify and a summary of the
grounds for each opinion
36.
Resume, curriculum vitae, or other summary of the
expert's qualifications
37
Our expert also wishes to inspect the area in which the Alcotest(s) is
installed and the area immediately surrounding the installation, for purposes
of observing, photographing and testing for the presence of RFI interference
and EMI (electro motive interference).
Our expert also requests:
38.
All alcohol influence report test data for air blank,
simulator, subject, linearity, and any and all other tests conducted by the
National Draeger Alcotest Model 7110 MKIII-C ["7110"] relevant to
Defendant's breath tests both printed and/or stored in the instruments random
access memory and/or downloaded to read only memory.
39.
Any breath testing logs maintained by the station or
department in connection with the 7110 used to test Defendant's breath.
40.
State and manufacturer's assay, analysis, quality
assurance, or similar documents and documents on each and every analysis,
standard, and control run in the series of runs involving analysis of the
following simulator solutions, including chemist's notes, gas chromatograph
("GC"] printouts, GC service records (if any), quality control
manual, and testing procedures and custody documents for the simulator
solutions:
(i)
0.040 simulator solution let used in 7110 Linearity Tests with the model CU-34
simulator used in control and calibration checks of the 7110 both before and
after Defendant's breath tests
(ii)
0.080 simulator solution lot used in 7110 Linearity Tests with the model CU-34
simulator used in control and calibration checks of the 7110 both before and
after Defendant's breath tests
(iii)
0.160 simulator solution lot used in 7110- Linearity Tests with the model CU-34
simulator used in control and calibration checks of the 7110 both before and
after Defendant's breath tests
(iv)
0.100 simulator solution lot used in breath tests with the model CU-34
simulator used in Defendant's breath tests
41.
Records showing that the following simulators and the simulator
temperature probes were and are in proper operating condition:
a.
The simulators used in the Linearity Tests on the 7110 in Defendant's breath
tests both before and after those tests
b.
The simulator used in defendant's breath tests
42.
Records (i.e., appointment letter from the
Attorney General and operator certification replica card, front and back,
showing that the Breath Test Coordinator Instructors (who inspected the 7110
and changed 7110 simulator solutions used in defendant's breath tests) was
properly certified as such pursuant to the Administrative Code
43.
7110 New
Jersey State ALCOTEST Operator Manuals WHICH THE ARRESTING OFFICER STUDIES FOR
USE ON THE MACHINE State v
Young 242 NJ Super. 467 (App. Div. 1990):
STATE v. JOHN GREEN A-6199-08T4 11-09-10
44.
7110 Any other Operator Manuals
45.
7110 New Jersey State Police Service Manuals
46.
7110 Manufacturer's Service Manuals
47.
7110 Firmware instructions [to establish,
among other things, minimum volume and duration requirements for acceptance of
breath samples, prompts which induce an operator to charge or not to charge a
subject with a breath test refusal, the degree of accuracy which the 7110 will
accept, and the degree of precision within which the 7110 will deem multiple
results reliable] for version 3.11 and previous versions 3.8, 3.9, and 3.10
48.
Calibrating Unit CU-34 New Jersey State
Police Operator Manuals
49.
Calibrating Unit CU-34 Manufacturer Operating
Manuals
50.
Calibrating Unit CU-34 New Jersey State
Police Service Manuals
51.
Calibrating Unit CU-34 Manufacturers Service
Manuals
52.
Initial certification course for certifying
Alcotest operators
53.
One day conversion course for certifying
Alcotest operators
54.
All interoffice communications, standard
operating procedures, operational orders, memoranda, and other documents re the
7110
55.
All letters, memoranda, and other
correspondence between New Jersey state agencies and the National Draeger re
evaluation and modification of the 7110
(1)
BALANCE TESTS:
If Defendant was told to do certain FIELD SOBRIETY TESTS FST "tests"
-- e.g., recite ABC's, count backwards, one-leg-stand, heel-to-toe stand,
heel-to-toe walk, sway test, head tilt, waist bend, elephant hang,
finger-to-nose, coin pick up, etc. --
1. Documents describing how,
under what conditions, and by whom each "test" was given
2. Documents describing
"test" results
3. Training materials for each
"test", including manuals, lesson plans, texts, tests, and article
reprints
