If you have been found guilty of driving under the influence of alcohol in Massachusetts, you might be entitled to a new trial. Nearly 30,000 persons who pleaded guilty or were convicted of drunk driving offenses are now entitled to a fresh trial, as a result of a decision made by the highest court in the state.
The verdict handed down by the Massachusetts Supreme Judicial Court on Wednesday is the result of an investigation into the alcohol testing office of the State Police. Investigators discovered that the breathalyzers had not been calibrated properly, which led to inaccurate test results being produced by the devices.
“7 years of litigation exposed a lot of problems with the calibrations lab that we as citizens paid millions of dollars for,” said Attorney, Joe Bernard. He added,
“The prosecutors can no longer consider the breath test for the prosecution. The litigant, the citizen, has to file a motion, a motion to vacate, that has to be brought to the judge and prosecutors, the prosecutor would have to examine it.”
In the state of Massachusetts, if you have been convicted of driving under the influence of alcohol, you might be eligible for a new trial.
After it came to light that the Massachusetts Office of Alcohol Testing (OAT) had been concealing information from defense attorneys in OUI cases, the Hampden District Attorney, Anthony D. Gulluni, decided to voluntarily stop the use of breathalyzer results in OUI prosecutions in 2019. This decision was made after it was discovered that OAT had been withholding information from defense attorneys.
We will continue the search until something new is discovered. Until then, here are what may be regarded as the best Massachusetts-related articles to read:
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In January of this year, Judge Robert Brennan of the District Court of Boston ordered that the results from the Draeger Alcotest 9510 breathalyzers can once again be used as evidence in operating under the influence cases.
The Supreme Court of Canada stated that individuals who entered guilty pleas or were convicted between June 1, 2011, and April 18, 2019, are eligible to have their guilty pleas withdrawn or to request a new trial.
This decision was reached after an investigation was conducted into the alcohol testing conducted by the State Police Office. Investigators discovered that the breathalyzers had not been calibrated properly, which led to inaccurate test results being produced by the devices. “The prosecutors can no longer consider the breath test for the prosecution,” continues Bernard. “This is no longer an option.”
Bernard has been quite active in this effort, and he discusses the following steps that will be taken with regard to the defendants. “The litigant, the citizen, has to file a motion, a motion to vacate, that has to be brought to the judge and prosecutors, the prosecutor would have to examine it,” he said.
Here are what may be considered among the worthy Massachusetts-related reading materials:
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After it was discovered that the Massachusetts Office of Alcohol Testing had been concealing information from defense attorneys in OUI cases, Hampden District Attorney Anthony Gulluni voluntarily suspended the use of breathalyzer results in OUI prosecutions in the year 2019.
This decision was made after it came to light that the Office of Alcohol Testing in Massachusetts had been doing so. In January of this year, a judge in the Boston District Court ordered that the results from the Draeger Alcotest 95-10 breathalyzers can once again be used as evidence in operating under the influence cases that only apply to offenders who committed their crimes between June 1, 2011, and April 18, 2019.
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