The New Jersey Supreme Court handed down a unanimous decision in State v. Julie Kuropchak on April 28, 2015.
In this case, the defendant was convicted of DWI after a trial in the Garfield Municipal Court. However, the prosecutor did not introduce all of the foundational Alcotest documents into evidence.
In addition, the trial court allowed into evidence the Drinking Driving Questionnaire (DDQ) and Drinking Driving Report (DDR) as business records.
The defendant appealed and the NJ Supreme Court found that the admission of the Alcotest results without the foundational documents was improper.
The Court also ruled that the DDQ and DDR contain hearsay and do not fall within the business record exemption.