Form 160: Additional Request for Dwi Discovery

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 160: Additional Request for DWI Discovery

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030

website: www.njlaws.com

Date

PROSECUTOR
MUNICIPAL COURT

Court Administrator
MUNICIPAL COURT

RE: State v d/1
D/O
Summons:
Offense: DWI
DWI law-disc

Dear Prosecutor and Court Administrator:

I represent the defendant in the above-entitled matter. We served a request for discovery on the prosecutor previously. We have still not received every item requested on Schedule A requested discovery. This shall serve as our additional request for discovery.

CITIZENS CHARGED WITH DRUNK DRIVING ARE ENTITLED TO COMPLETE DISCOVERY

The law entitles drunk driving defendants to pre trial discovery. R.3:133; R.7:7-7(h); State v. Young, 242 N.J. Super. 467, 470 (App. Div. 1990); State v. Ford, 240 N.J. Super. 44, 48 (App. Div. 1990); State v. Utsch, 184 N.J. Super. 575, 579 (App. Div. 1982). Due process requires the State disclose evidence that is material to either guilt or punishment; indeed, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise reasonable doubt about a defendant's guilt. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963), United States v. Agurs, 427 U.S. 97, 98 S.Ct. 2392 (1976). A wide variety of materials in the State's possession could constitute exculpatory information to which a defendant is entitled. Ford, supra at 52.

A demand for discovery has been served upon the prosecutor who has the responsibility to answer. State v. Tull, 234 N.J. Super. 486, 494 (Law Div. 1989). A defendant's right to discovery is not dependent upon an appraisal of the beneficial value of the material sought to be discovered. State v. Polito, 116 N.J. Super. 552 (App. Div. 1977), Ford, supra at 51). Thus, the State is expected to act reasonably when responding to a discovery demand. Tull, supra at 496.

The State may not refuse a discovery...