Dear Howell Township,

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 respectfully request copies of existing government records maintained by the Howell Township Police Department and/or Township of Howell concerning the motor vehicle collision that occurred on April 18, 2019, at or near the Exit 31B ramp from Interstate 195 in Howell Township, 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 Superior Court complaint identifies the collision as occurring on April 18, 2019 and alleges that DeSane was operating a vehicle traveling in the wrong direction up the Exit 31B ramp from Interstate 195 and that his vehicle collided head-on with the vehicle operated by Christina Softcheck.

I request all existing responsive records concerning this incident, including but not limited to:

The complete NJTR-1 motor vehicle crash report, including all original, amended, corrected, reconstructed, or supplemental crash reports;
All CAD records, dispatch records, event chronologies, call-for-service records, MDT/MDC entries, dispatch logs, and incident history;
All 911 calls, recorded telephone calls, and other recorded communications concerning the collision;
All police radio transmissions and radio traffic, including communications among dispatchers, patrol officers, supervisors, investigators, EMS personnel, NJSP personnel, and any other responding or assisting agencies;
All available Body-Worn Camera (BWC) recordings from every Howell Township officer who responded to, investigated, supervised, assisted with, or was otherwise present for this incident;
All available Mobile Video Recorder (MVR), dashboard-camera/dashcam, in-car camera, police vehicle audio/video, or other law-enforcement audiovisual recordings associated with the incident;
Any other audio recordings, video recordings, photographs, crash-scene photographs, digital media, or audiovisual evidence depicting the collision, crash scene, vehicles, drivers, witnesses, police interaction, medical response, sobriety testing, towing, or investigation;
All incident reports, offense reports, investigation reports, supplemental reports, officer narratives, supervisor reviews, and other written police reports concerning the collision;
All motor vehicle summonses, citations, complaints, warnings, charging documents, or other enforcement records issued or prepared in connection with this incident;
Any arrest, processing, custody, or complaint records arising from the incident;
All tow, impound, vehicle inventory, and vehicle-release records;
Records identifying every Howell Township police officer, dispatcher, supervisor, investigator, or other law-enforcement employee who responded to, participated in, supervised, reviewed, or otherwise handled the incident; and
Records identifying any other law-enforcement, emergency, or governmental agency that responded to, assisted with, investigated, received a referral concerning, or assumed responsibility for the incident.
Alcohol / Drugs / Impairment Records

I specifically request any existing records reflecting whether David DeSane was suspected, observed, investigated, evaluated, tested, cited, charged, or otherwise documented as being under the influence of alcohol and/or drugs at the time of or following the April 18, 2019 collision.

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

This portion of the request specifically includes any existing records documenting:

odor of alcoholic beverage or other substances;
admissions or denials concerning alcohol or drug consumption;
observations concerning speech, eyes, balance, coordination, demeanor, behavior, consciousness, physical condition, or other potential indicators of impairment;
observations or statements by police officers, witnesses, dispatchers, EMS personnel, medical personnel, or other responders concerning possible intoxication or impairment;
Standardized Field Sobriety Tests (SFSTs) or other sobriety testing;
Alcotest, breath testing, or preliminary breath testing and the corresponding results;
requests for, administration of, or refusal of breath testing;
blood or urine testing, including requests, authorizations, warrants, consent forms, refusals, chain-of-custody documentation, laboratory submissions, and results maintained by the agency;
Drug Recognition Expert (DRE) requests, evaluations, reports, or consultations;
alcohol- or drug-related motor vehicle summonses, complaints, arrests, or criminal charges;
records reflecting whether alcohol and/or drugs were identified as a contributing circumstance or factor in the collision; and
records reflecting any determination that alcohol or drugs were suspected, investigated, confirmed, excluded, or ruled out.

I additionally request all available BWC, MVR/dashcam, police vehicle recordings, 911 recordings, radio transmissions, dispatch audio, photographs, or other audiovisual evidence that depicts or records DeSane's physical condition, speech, demeanor, statements, interactions with responding officers, medical treatment, performance of any sobriety testing, or discussions among police officers, dispatchers, witnesses, EMS personnel, or other responders concerning 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 the contemporaneous governmental records necessary to determine whether alcohol or drug impairment was observed, suspected, reported, investigated, tested for, confirmed, ruled out, or otherwise addressed by responding law-enforcement personnel.

NJSP Cross-Reference

Please be advised that this request is being cross-referenced with a corresponding public-records request being submitted to the New Jersey State Police (NJSP) concerning the same April 18, 2019 collision involving David DeSane and Christina Softcheck at or near I-195 Exit 31B.

The purpose of these parallel requests is to identify and compare the contemporaneous records maintained by the involved law-enforcement agencies, including NJTR-1 crash records, CAD/dispatch records, police reports, radio communications, BWC/MVR and other audiovisual evidence, summonses, and records concerning whether alcohol or drug impairment was observed, suspected, investigated, tested for, confirmed, ruled out, or otherwise documented.

Accordingly, if Howell Township records identify NJSP involvement, communications with NJSP, responding NJSP personnel, an NJSP incident or case number, transfer or referral of the investigation, requests for assistance, or records transmitted to or received from NJSP, I specifically request those existing records.

If Howell Township Police was not the primary investigating agency, please provide all responsive Howell Township records and records sufficient to identify the primary investigating agency, incident/CAD number, crash-report number, responding agency/personnel, and any referral or transfer of the matter.

Audiovisual Records That No Longer Exist

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

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

Electronic production by email or electronic download is preferred.

Reference Information:
Date: April 18, 2019
Location: I-195 Exit 31B ramp, Howell Township, New Jersey
Individuals: David DeSane and Christina Softcheck
Related Superior Court Case: 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