Today’s decision is a huge victory for transparency and levels the playing field for all in DUI matters. Up until now, defendants and their counsel had no reliable means to determine whether a prior DUI conviction was tainted by a miscalibrated Alcotest machine and potentially subject to being vacated through post-conviction relief proceedings. The Court’s decision aligns with the NJSBA’s extensive advocacy in the case, making clear that information on prior DUI convictions premised on potentially tainted Alcotest readings is required to be publicly available, and that prosecutors must provide detailed information at the beginning of every DUI case to ensure all parties are on the same playing field from the start. The Court has settled, for all practical purposes, the post-Cassidy notification issues and clarified the state’s obligation to provide discovery related to Cassidy in pending DUI cases.
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Statement of NJSBA President William H. Mergner Jr. on the Supreme Court’s Decision in State v. Thomas Zingis – Aug. 8, 2024
Contact: NJSBA Communications Department
Tel: 732-937-7527
Email: [email protected]