STATE v ROBERTSON A-0296-13T1
In this appeal from a DWI conviction, we reject defendant's
argument that the Alcotest results should have been excluded
because he was denied discovery of certain repair records, which
were created by the Alcotest's manufacturer, and certain
downloaded data, which the State routinely erases. We conclude
the records were not discoverable under Rule 7:7-7, nor did they
constitute Brady material.
We also address the unexplained decisions of both the
municipal court and the Law Division to stay defendant's license
suspension pending appeal. We instruct trial courts that any
stay of a license suspension after a DWI conviction should be
supported by adequate findings of fact and conclusions of law,
and should comply with standards governing the grant of a stay
pending appeal set forth in Garden State Equality v. Doe, 216
N.J. 314, 320 (2013).
