Mark & Galusha, DWI Attorneys - Basking Ridge, Somerset County, New Jersey
The Confrontation Clause provides that "[i]n all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him." (U.S. Constitution Amendment VI). This protection bars the admission of any testimonial statements - statements made in contemplation of prosecution - by a witness who does not appear at trial unless the defendant previously had an opportunity to cross- examine the witness.
In a DWI criminal case, all affidavits reporting the results of forensic analysis are considered testimonial statements. Therefore, the analysts who perform and record the results of these tests are witnesses for purposes of the Sixth Amendment.
In a recent NJ DWI criminal case, State v. Rehmann, the defendant was issued several summonses including driving while under the influence of alcohol (DWI), N.J.S.A. 39:4-50. At trial in municipal court, the State called Mark W. Maxwell, a forensic scientist, to testify about defendant's blood alcohol content. Maxwell testified that he did not actually perform the test but instead observed another chemist, Major Mitchell, examine defendant's blood sample with a gas chromatograph; Mitchell was being retrained and required supervision. Maxwell signed the laboratory report, certifying the accuracy of the testing.
Defendant appealed the decision to the Superior Court arguing the Confrontation Clause of the Sixth Amendment was violated when the State relied upon the testimony of an expert who supervised but did not actually perform the test on defendant's blood sample.
The court determined the State must provide a witness who has made an independent determination as to the results offered and not someone who simply knows what is stated in another person's report. However, in this case, the State's witness satisfied the conditions of the Confrontation Clause since he supervised the entire testing process and signed the laboratory certificate.
If you were pulled over in Hudson County, New Jersey and a police officer issued you a ticket or summons for DWI, please contact Mark & Galusha, your municipal court attorneys in Bridgewater and Basking Ridge, New Jersey. For your free consultation with a lawyer from our Firm, contact us at 908-626-1001 or 973-440-2311, or tell us your story by clicking the contact us page.
