The prosecution is obligated to provide discovery in all matters and this blog focuses on discovery issues in New Jersey. Unlike Pennsylvania, DWI is a non-criminal offense but still subjects a person to a mandatory license suspension and up to days in jail for a third offense in the Garden State. Chun, N. In addition to these foundational documents, the prosecution must also provide dashcam videos, MVR, police reports, and any documentation relating to field sobriety testing, and any exculpatory evidence.
Possession of Marijuana Case Dismissed
Brian E. On appeal, defendant Bradley Holup contends that his convictions for driving while intoxicated, N. Defendant was issued a complaint-summons for the above violations on June 25,
Call or contact us online today. Have you been charged with an offense such as a DUI and the prosecutor will not provide discovery no matter how many times you ask? Do you continue to miss work for court and nothing gets resolved? There is a solution. Your attorney can file what is known as a Holup Motion which may bring a final resolution to your drunk driving case in the form of a dismissal. In every case, the State has the obligation to provide discovery upon request. Your attorney will send a letter requesting the proofs under New Jersey Court Rule
One of the most important aspects of a municipal court criminal or traffic matter is the discovery process. Rule provides the defendant with the absolute right to receive discovery consistent with the rule. Remember, the pertinent discovery must be requested in the proper manner proscribed by the rules. In most cases, including DWI and drug charges, the state will rely upon police reports, lab certificates of analysis, chain of custody documents, alcotest readings, etc. A such, a defendant is entitled to information that the state plans to rely upon. Additionally, a defendant is entitled to exculpatory evidence. The rules of court and case law enumerate specific items that should be provided to a defendant in a prosecution.