STATE OF NEW JERSEY v. JOHN GREEN
A-6199-08T4 11-09-10
In this case, we decide that a motorist who has been
charged with speeding is entitled to discovery respecting (1)
the speed-measuring device's make, model, and description; (2)
the history of the officer's training on that speed-measuring
device, where he was trained, and who trained him; (3) the
training manuals for the speed-measuring device and its
operating manuals; (4) the State's training manuals and
operating manuals for the speed-measuring device; (5) the
officer's log book of tickets written on the day of defendant's
alleged violation; (6) the repair history of the speed-measuring
device used to determine defendant's speed for the past twelve
months; and (7) any engineering and speed studies used to set
the speed limit at the section of highway where defendant's
speed was measured. We also found that the Stalker Lidar speedmeasuring
device had not been proven to be scientifically
reliable and, as such, the results of its operation should not
have been admitted during the municipal court proceedings or
considered by the Law Division. We remanded the matter to the
Law Division for a plenary hearing on the scientific reliability
of the Stalker Lidar. If it is determined to be reliable, then
the matter is remanded to the municipal court for trial after
the State has provided all of the discovery required by this
opinion.
