Dear New Jersey State Police,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

Pursuant to the New Jersey Open Public Records Act (OPRA), I request copies of existing government records maintained by the New Jersey State Police (NJSP) concerning the motor vehicle collision occurring on April 18, 2019, at or near Exit 31B of Interstate 195 in Howell Township, Monmouth County, New Jersey, involving David DeSane and Christina Softcheck.

This collision subsequently became the subject of Christina Softcheck v. David DeSane, Superior Court of New Jersey, Law Division, Monmouth County, Docket No. MON-L-004228-19. The filed complaint alleges that on April 18, 2019, DeSane was operating a vehicle in the wrong direction up the Exit 31B ramp from Interstate 195 and collided head-on with Softcheck's vehicle.

I request all existing NJSP records concerning this incident, including:

Complete NJTR-1 crash report, including amendments, corrections and supplements;
Any NJSP incident, investigation, case, CAD, event or station number;
All CAD, dispatch, event chronology, call-for-service, MDT/MDC and dispatch-log records;
All 911 calls and recorded telephone communications;
All NJSP radio transmissions and radio traffic, including communications among troopers, dispatchers, supervisors, Howell Township Police, EMS and other responding agencies;
All available MVR, dashcam, in-car camera and police-vehicle audio/video recordings;
All available BWC recordings, if any;
All other audio, video, photographs, crash-scene photographs or digital media concerning the collision;
All incident, investigative and supplemental reports, trooper narratives, supervisor reviews and crash-investigation records;
All summonses, citations, warnings, complaints and charging documents issued or prepared in connection with the collision;
Any arrest, processing or custody records arising from the incident;
Any tow, impound, vehicle inventory or vehicle-release records;
Records identifying the NJSP troopers, dispatchers, supervisors and investigators who responded to, participated in, assisted with, supervised or reviewed the incident; and
Records reflecting communications, assistance, referrals, transfers or records exchanged between NJSP and Howell Township Police Department concerning this collision.

Alcohol / Drugs / Impairment

I specifically request existing records reflecting whether David DeSane was observed, suspected, investigated, evaluated, tested, cited, charged, or otherwise documented as being under the influence of alcohol and/or drugs at the time of or following this collision.

This includes records concerning possible impairment involving alcoholic beverages, controlled dangerous substances, prescription medications, narcotics, cannabis, or any other drug, medication, intoxicant or substance capable of causing impairment, including:

odor of alcoholic beverage or other substances;
admissions or denials concerning alcohol or drug consumption;
officer observations regarding speech, eyes, balance, coordination, demeanor, behavior, consciousness or physical condition;
witness, police, EMS or other responder observations concerning possible intoxication or impairment;
Standardized Field Sobriety Tests (SFSTs) or other sobriety testing;
Alcotest, breath testing or preliminary breath testing, including results and refusals;
blood or urine testing, including requests, consent, warrants, refusals, chain-of-custody records, laboratory submissions and results maintained by NJSP;
Drug Recognition Expert (DRE) requests, consultations, evaluations or reports;
alcohol- or drug-related summonses, complaints, arrests or charges; and
records reflecting whether alcohol and/or drugs were identified, suspected, investigated, confirmed, excluded or ruled out as a contributing factor.

I also request all available MVR/dashcam, BWC, police-vehicle recordings, 911 recordings, radio transmissions, dispatch audio, photographs and other audiovisual evidence depicting or recording DeSane's physical condition, speech, demeanor, statements, interactions with law enforcement, medical treatment, sobriety testing, or discussions by troopers, officers, dispatchers, witnesses or EMS personnel regarding possible alcohol consumption, drug use, intoxication or impairment.

I am not asserting that David DeSane was under the influence of alcohol or drugs. This request seeks contemporaneous records documenting whether possible alcohol or drug impairment was observed, suspected, investigated, tested for, documented or ruled out.

Howell Township Cross-Reference

A corresponding public-records request is being submitted to the Howell Township Police Department concerning the same April 18, 2019 incident. Please therefore include responsive NJSP records reflecting Howell Township involvement, communications between Howell and NJSP, requests for assistance, incident numbers, referrals or transfers, responding personnel, and records transmitted to or received from Howell Township Police.

If NJSP was not the primary investigating agency, please provide all responsive NJSP records and existing records sufficient to identify the primary investigating agency and corresponding crash/incident number.

Because the incident occurred in 2019, if responsive MVR, BWC, radio, 911, dispatch or other audiovisual records no longer exist, I request any existing records documenting their disposition, including destruction/disposition records, authorization, disposition date, or other documentation identifying when and pursuant to what authority the records were destroyed, deleted, overwritten or otherwise disposed of.

If any responsive record is withheld or redacted, please identify the specific legal basis for the withholding/redaction and provide all reasonably segregable non-exempt portions.

Electronic production is preferred.

Reference Information:
Date: April 18, 2019
Location: I-195 Exit 31B, Howell Township, Monmouth County, New Jersey
Individuals: David DeSane / Christina Softcheck
Superior Court Matter: Softcheck v. DeSane
Docket: MON-L-004228-19

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

Bruce