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State v. Robertson

Superior Court of New Jersey, Appellate Division

November 14, 2014

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
SCOTT ROBERTSON, Defendant-Appellant

Submitted: September 9, 2014.

Approved for Publication November 14, 2014.

Page 382

[Copyrighted Material Omitted]

Page 383

On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 13-023.

John Menzel, attorney for appellant.

Christopher J. Gramiccioni, Acting Monmouth County Prosecutor, attorney for respondent ( Monica do Outeiro, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges MESSANO, OSTRER and HAYDEN. The opinion of the court was delivered by OSTRER, J.A.D.

OPINION

Page 384

[438 N.J.Super. 54] OSTRER, J.A.D.

Defendant Scott Robertson appeals from his September 2013 conviction, after a trial de novo, of driving while under the influence

Page 385

of intoxicating liquor (DWI), N.J.S.A. 39:4-50. Defendant's appeal pertains mainly to the admissibility of Alcotest results showing he had a blood alcohol level of .13. Defendant unsuccessfully argued that he was entitled to discovery of certain data and repair records of the specific Alcotest device used. He asserted that the State's failure to provide such discovery compelled exclusion of the ...


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