New Jersey DWI -- Discovery of Evidence

Documents You Should See Before Deciding What to Do

Drunk Driving Defendants. If you were charged with drunk driving, you should get copies of these documents from your lawyer:

Police copies of the Summons and Complaint

Drinking-Driving Report, including

  • an observations check-off sheet and
  • a narrative of investigation
  • DMV Standard Statement

Alcohol Influence Report, including:

  • chemical test information:
  • full identification of the machine used
  • the type of machine used
  • the machine's manufacturer
  • the machine's model number
  • the time of tests were given
  • test results
  • a breathalyzer operational checklist

Breath Test Instrument Inspection Certificates, which show results of periodic inspection of the machine:

  • one dated before your breath test
  • one dated after
  • others from the year before your arrest
  • one showing when this machine was placed in service

Breathalyzer Operator Certification Card for the officer conducting the breath tests

Assay report for ampoule chemicals

State Police certificate of analysis for breath alcohol simulator solution

Documents you signed, if any

Any other police reports

Breath Test Refusal Defendants. If you were charged with breath test refusal, you should get copies of these documents from your lawyer:

Police copies of the Summons and Complaint

Drinking-Driving Report, including

  • an observations check-off sheet and
  • a narrative of investigation

DMV Standard Statement

Alcohol Influence Report, including

  • full identification of the machine used
  • the type of machine used
  • the machine's manufacturer
  • the machine's model number
  • an indication about the alleged refusal

Breath Test Instrument Inspection Certificates showing the availability of a testing device

Breathalyzer Operator Certification Card for the officer available for breath testing

Documents you signed, if any

Any other police reports