Form 98: Motion for Additional Discovery for Dwi Charge

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

Form 98: Motion for Additional Discovery for DWI Charge

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant

STATE

v.

d1 Defendant.

MUNICIPAL COURT OF x1

SUMMONS NO.

Traffic Action
NOTICE OF MOTION TO DISMISS or TO COMPEL STATE TO PROVIDE ADDITIONAL DISCOVERY

TO: x1 Prosecutor

Please Take notice that the undersigned, attorney for above defendant, will apply to the above named court, at the x1 Municipal Court, x1, New Jersey, on __________, at __________ o'clock p.m. or as soon thereafter as counsel may be heard for an Order:

1. To dismiss the DWI charge for failure to provide complete discovery

2. exclude the Alcotest breath readings

3. Compel the state to provide all discovery items as set forth on the Proposed Order attached hereto

4. All other relief pursuant to caselaw

Please take further notice that the undersigned shall rely upon the certification of Kenneth A. Vercammen in support of this motion.

Oral argument requested.

Dated: __________

__________
KENNETH A. VERCAMMEN, ESQ.
Attorney for d1

CERTIFICATION OF MAILING

The undersigned hereby certifies that the original Notice of Motion, Certification and all supporting papers have been filed directly with the x1 Municipal Court and Prosecutor.

Dated: __________

__________
KENNETH A. VERCAMMEN, ESQ.

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant

STATE

v.

d1 Defendant.

MUNICIPAL COURT OF x1

SUMMONS NO.

Traffic Action
CERTIFICATION IN SUPPORT OF MOTION

I, KENNETH A. VERCAMMEN, of full age, do hereby certify the following:

1. I am an attorney at law of the State of New Jersey. I represent d1 and am fully aware of the facts and circumstances of this Motion.

2. We served a Request for Discovery on __________. Requests for Discovery must be responded to within 10 days of receiving the request, pursuant to Rule 7:7-8(f). Over 20 days has expired since the initial request for discovery and initial letter representation was forwarded to the x1 Township Prosecutor. A copy of the list of documents requested of the State is attached to the proposed Order.

3. This discovery request was not fully complied with. The Police/ Prosecutor provided certain discovery materials provided by the police. We request all items set forth on the proposed form of Order.

4. My expert, has informed me that additional information set forth on the proposed Order is needed in order for him to properly prepare a report and provide assistance at trial.

5. We will set forth additional reasons why full discovery is needed at Oral argument if the Prosecutor objects to this Motion.

6. We request the full discovery attached to the proposed form of Order.

7. We request the DWI charge be dismissed for failure to provide complete discovery.

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Dated: __________

__________

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant

STATE

v.

q1 Defendant.

MUNICIPAL COURT OF x1

SUMMONS NO.
Traffic Action
DISCOVERY ORDER

This...