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DWI Conviction in NJ reversed because State failed to turn over Alcotest repair logs
On August 31, 2010, in an unpublished opinion, the Superior Court of New Jersey Appellate Division reversed a lower court conviction for DWI/DUI where the State failed to turn over historical data and repair logs for the police Alcotest. State of New Jersey v. Maricic. While these documents are not foundational documents necessary for the State to obtain a conviction, they are documents that would challenge the reliability of the Alcotest. This case begs the question of what happens when the State says that they do not have repair logs. For a long time, the State has been able to shirk its responsibility to turn over repair logs by denying that any such documents exist. Now that the appellate division says Defendants are entitled to such documents, the fight to show that the State fails to properly maintain repair logs in on!
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