The presiding judge of the NJ Appellate Division set forth a letter of instructions last week to NJ Municipal Courts on how to address the backlog of NJ DWI cases previously on hold.
First, the court staff must create a list of all NJ DWI cases that have been “stayed” no later than April 12, 2008. Next Municipal Courts should schedule court dates as promptly as possible for these cases.
At the hearing, the prosecutor must produce a calculation of the acceptable range of the breath samples as outlined in Worksheet “A” of the State v. Chun Opinion. Then the NJ Municipal Court judge must then verify the accuracy of the prosecutor’s calculations.
If the NJ DWI defendant or defense counsel raises a meritorious issue, then the NJ Municipal Court judge may ask the parties to brief the issues.