The complete understanding of this case is necessary in order to evaluate whether the Appellate Division's decision was correct or not. Here an individual with a .12 reading on the AIR report was denied a copy of the report at the time of the defendant’s release. Subsequently the defendant was convicted via plea to an observation standard which benefited the defendant by only being subjected to a three-month suspension. The argument was obviously made as to the admissibility or validity of the air report however the defendant was still convicted of a DUI. The underlying purpose for requiring that law enforcement provide defendants immediately with the AIR report is so that that defendant may immediately obtain a blood test to contradict and defend against the charge of DUI. The Appellate Division felt that the defendant was not in fact prejudiced by the failure of the officer to provide the AIR report. However while a reasonable assumption it is quite possible that being denied a copy of the report caused the defendant not to seek a second opinion via a blood test. Most disappointing is that the Atty. Gen.'s office and the courts do not seem willing to enforce the safeguards to protect the rights of defendants. Here the Atty. Gen. directive was violated yet the prosecution moved forward and was successful.
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Failure to Provide BAC Results Not Grounds for Suppression
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