Can a defendant charged with driving under the influence in violation of N.J.S.A 39:4-50 demand that the State permit him/her to inspect the room or take photographs of said room where he/she submitted to a breath test? No, unless the defendant requesting such information can show a reasonable justification for said request.
The appellate division in State v. Baluski denied a defendant’s request to inspect the room where he submitted to a breath test. Furthermore, the Court denied defendant’s request to photograph said room on the basis that the defendant failed to “affirmatively” establish reasonable justification for said request. The State v. Baluski opinion is a good opinion to read in it’s entirety because it provides an outline of what a DWI defendant is or may be entitled to in terms of discovery regarding a DWI charge.
The Appellate Division indicated that a defendant’s request to examine the police station may be justified, if “… a defendant submits a certification or testifies at a preliminary hearing asserting that no police officer was in the testing room, or in a place where defendant could have been observed, for the obligatory twenty pre-testing minutes, then the court would have the discretion to order such an inspection.”
If you have been charged with driving under the influence of alcohol or narcotics give DWI attorney Dan T. Matrafajlo a call to discuss your case and possible defenses.
