NJ Supremes turn down NJ Bar Association’s request for help from the Special Master in NJ drunk driving cases…
Jun 27th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving)As many people suspected there are several unresolved issues regarding the final State v. Chun NJ Alcotest decision. The NJ State Bar Association has recently requested that the NJ Supreme Court re-appoint Special Master, Michael Patrick King to help with unresolved Alcotest issues and help manage the multitude of cases that are subject to the Court’s recent ruling.
One of the main issues is that the maker of the Alcotest machine, Drager, has not yet provided the education classes to NJ defense attorneys as required by the Court Order.
This week the NJ Supreme Court turned down the NJ Bar Association’s request for the continued involvement of the Special Master. Perhaps the NJ Supreme Court wants to stay active in the tens of thousands of backlogged NJ DUI (drunk driving cases)?
WELL, BASED ON THAT A DEFENSE ATTORNEY HAS NOT BEEN OFFERED THE CLASSES, CAN THE RESULTY BE USED AGAINST A DEFENDANT?
THATS AN ARGUMENT I SHOULD HAVE MY ATTORNEY MAKE IN MUNICIPAL COURT, THEN ANOTHER ITEN TO ADD TO THE APPEAL.
IT GOES TO THE RIGHT TO UNDERSTAND THE CHARGE AGAINST ME.
THE NJ SUPREME COURT SAID FOR THE TRAINING TO HAPPEN, IT HASNT.
i guess they are hoping defense attorneys do not make this an issue in individual cases.
I am going to have my attorney make it an issue, not for the purpose of delaying the trial, god no, thats the last thing i want, but for the purpose of excluding the bac, or having another point on appeal.
my case is now riddled with over 1000 points of law, everything possible and imaginable in a case like mine, that would have more or less been cut and dry had it been tried within 60 days of arrest.
i have waited a long time for my day in court, and now i have 1000 points of law, my trial will take days to complete.
HERE IS A LETTER I SENT MR GOLD TODAY.
I CORRECTED THE SPELLING ERRORS BEFORE I SENT IT
Dear Mr. Gold.
I have read your article of June 23,2008 concerning the Alcotest and State V Chun.
I have a 1000 points in my case, now 34 months old, first offense, lower tier…
but here is one big point I want to point out.
Prosecuitons were not stayed By the NJ Supreme Court on January 10, 2006, they were ordered to proceed to trial.
I made 14 court appearances from between Jan 10, 2006 and March 17, 2008. The municipal Court I am in did not trial my case, nor attempt to, AND did not trial any alcoterst dui case, piling up 92 cases during that time.
this is Obstruction of Justice and CONTEMPT of court.
my due process and speedy trial issues, wilL LEAD to civil and criminal copmplaints being filed against the judge and prosecutor in my case.
i have been researching THIS for a long time now, over 2 years.
you have no idea the anguish i have suffered because of this obstruction of justice, but i am going to make it known on record eventually.
what do you think?
well, yes, maybe they do want the remaining challanges to be brought through the law division and appealate division, and maybe even up to them… in order they can knock them out quickly.
Granted, all the challanges should be heard, even this challange that we need the training before we can pursue a defense.
The Chun defense team dropped the ball, and we probably will never know why.
Someone with really greatarguments is going to appeal, and the law division is going to say the arguments are without merit, and no need to write an opion , and remand for execution of sentence.
this is a likely scnerio, because there is nothing anyone can do about it, ever!
however, that will not stop defendants from making the arguments on every level they can.
it is still kinda of a quandry, as reconized by you and the bar association., and thus by me as well.
it is obvious.
15th court appearance today, 34 months.
nothing happened, was sent home by judge