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Motion for Additional Discovery: Breath Test Operator

Motion for Additional Discovery: Breath Test Operator

150 150 Cohen, Bradshaw, Rothstein & Klein

DEFENDANT, by and through the undersigned attorney and pursuant to Rule 3.220(f), Washington DC Rules of Criminal Procedure, hereby moves this Honorable Court for an Order requiring the State of Washington DC to produce the following records in regard to the operator of the Intoxilyzer 8000, which was used in the above-captioned case to test and evaluate Defendant’s breath samples:

  1. Any internal affairs disciplinary records of the operator of the Intoxilyzer 8000. These records should include any and all complaints submitted for investigation by Internal Affairs; any and all reports or memoranda concerning any decision to investigate or not investigate; any and all documents considered in any investigation or decision not to investigate; any and all documents that concern any recommended or received punishment due to an internal affairs investigation; any final action reports; any and all documents indicating past investigations, complaints, reprimands, or suspensions removed from file or record of said operator. This request should not be limited to only current actions or those within the last two years, and should not be limited by any contract between the employing law enforcement agency, governmental body, and/or law enforcement organization.
  2. Any employing agency disciplinary records of the operator of the Intoxilyzer 8000. These records should include the total history of the officer’s disciplinary record of any kind or description, including, but not limited to, formal or informal reprimands, arbitrations, and any orders of counseling or suspension.  This request should not be limited to only current actions or those within the last two years, and should not be limited by any contract between the employing law enforcement agency, governmental body, and/or law enforcement organization.
  3. The breath test operator’s application for employment and licensing.
  4. The breath test operator’s written application to become a breath test operator.
  5. Proof of successful completion of the appropriate breath test operator training course, along with the operator’s testing score;
  6. Proof of submission to the Department and to the employing agency a complete written or electronic application, and copies of the certificate of completion, examination results, proficiency testing documentation, and proof of age upon successful completion of the breath test operator course, within the time deadline.
  7. Proof of satisfactory and timely completion of Commission-approved continuing education requirements.
  8. Any and all records of any inactive status periods for the operator.
  9. Any and all records indicating that the operator has:
  10. failed to meet all qualifications to be an operator;
  11. been convicted of any felony or misdemeanor involving false statement;
  12. knowingly performed the duties of an operator without a valid certificate;
  13. had the certificate revoked;
  14. failed to maintain a record as required;
  15. failed to continue to meet qualifications for a certificate;
  16. aided or abetted another to violate applicable rules;
  17. knowingly made a false statement or provided false information on any document required by applicable rules;
  18. knowingly made a false statement or provided false statement on any application submitted to the Department;
  19. been subjected to any administrative hearing reviewing the status of the operator’s certificate.

WHEREFORE, Defendant respectfully requests that this Court enter an Order requiring the State to provide the supplemental discovery requested herein.