New Jersey v. Robertson

March 16, 2017 by Justia

Before trial, defendant moved to exclude the results of a breath test in conjunction with a traffic stop, after which he was found to have been driving while intoxicated (DWI). His license was suspended. Defendant claimed that he was entitled to additional discovery, namely, more detailed repair records of the Alcotest device and data downloads of certain diagnostic tests. The municipal court judge found probable cause for the arrest and rejected defendant’s discovery arguments. The court found defendant guilty of DWI. The State dismissed the other charges. The court sentenced defendant to a total of $714 in fines and penalties, ordered him to serve twelve hours in the Intoxicated Driver Resource Center, and revoked his driving privileges for seven months, the minimum period for a first offender. Defendant requested, and without objection from the State, the municipal court judge stayed the license suspension for twenty days to allow defendant time to file an appeal. At a trial de novo before the Law Division, defendant again argued that the State failed to provide adequate discovery. The trial court rejected the claim, found defendant guilty, and imposed the same sentence. Defense counsel immediately moved to continue the stay of defendant’s license suspension, which the State opposed. The trial judge granted the request on the condition that defendant file an appeal within ten days. On appeal, defendant renewed his discovery argument. In a published opinion, the Appellate Division reviewed and rejected defendant s position. The Appellate Division also addressed an issue that the parties had not raised: both the municipal court and the Law Division stayed defendant’s license suspension pending appeal without providing any statement of reasons. Defendant filed a petition for review with the Supreme Court that did not challenge the conviction nor the sentence, only questioning the appropriate standards for a stay of judgment in a DWI case. Because defendant had completed his suspension, the standards outlined by the Supreme Court’s opinion did not apply. However, the standards announced by this opinion governed future requests for stay in a license suspension by municipal courts and the Law Division. View "New Jersey v. Robertson" on Justia Law