If the DWI stop was for a speeding ticket, we request additional discovery. In order that there be no
misunderstanding, in addition to the usual police reports, under State v Green 417 NJ Super. 190
(App. Div. 2010) we demand additional discovery.
In State v
Green 417 NJ Super. 190 (App.
Div. 2010)
the court decided that a motorist who has been charged with speeding is
entitled to discovery respecting
(1) the speed-measuring device's make, model, and description;
(2) the history of the officer's training on that
speed-measuring device, where he was trained, and who trained him;
(3) the training manuals for the speed-measuring device and its
operating manuals;
(4) the State's training manuals and operating manuals for the
speed-measuring device;
(5) the officer's logbook of tickets written on the day of
defendant's alleged violation;
(6) the repair history of the speed-measuring device used to
determine defendant's speed for the past twelve months; and
(7) any engineering and speed studies used to set the speed
limit at the section of highway where defendant's speed was measured.
The court also found that the Stalker Lidar speed-measuring
device had not been proven to be scientifically reliable and, as such, the
results of its operation should not have been admitted during the municipal
court proceedings or considered by the Law Division. The court remanded the
matter to the Law Division for a plenary hearing on the scientific reliability
of the Stalker Lidar. If it is determined to be reliable, then the matter is
remanded to the municipal court for trial after the State has provided all of
the discovery required by this opinion.
Therefore, we also request that the following be
provided in discovery:
8. We request copies of any reported or unreported cases
that indicate the machine used in this case has been found to be scientifically
reliable.
9. All
relevant written or recorded statements, or signed or unsigned confessions,
written summaries of oral statements of confessions made by the defendant;
10. All books, papers, documents, photographs,
sound or video recordings, tangible objects, buildings, or places, which are
intended for use by the state as evidence at the trial
11. Copies of all correspondence received from
the manufacturer of the SPEED MEASURING DEVICE;
12. All certificates of calibration for the SPEED
MEASURING DEVICE unit used;
13. All certificates of calibration for the any
tuning forks used;
14. Speedometer certifications for the vehicle
used which the state intends to rely upon at trial;
15. All correspondence and documents received
from the Division of Weights and Measures regarding the SPEED MEASURING DEVICE
unit and/or tuning forks used;
16. The names and addresses of all individuals
whom the arresting officer wrote tickets for in the period of twenty-four (24)
hours prior to and the period of twenty-four (24) hours after the instant
offense, and the disposition of any speeding cases.
