Articles Posted in Breathalyzer Testing

The Massachusetts Supreme Judicial Court in the case of Commonwealth v. Hallinan paved the way for anyone convicted of an OUI with a breath test from 2012-2019 to have their old case vacated without fear of harsher penalties if convicted after retrial. What steps should you take if you did…

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Lindsay Hallinan which allows someone seeking a new trial based on an OUI plea or conviction involving breath test results between 2012 and 2019 to receive a new trial without fear of harsher penalties from the Court or Registry…

The Massachusetts Supreme Judicial Court heard oral arguments on December 7th in Commonwealth v. Lindsey Hallihan.  This case deal with the fall out from the Ananias litigation and the serious discovery violations that occurred, undermining the integrity of breath test results for a period of time from 2011 to 2019.…

Massachusetts District Attorneys will be mailing out notices to those individuals who took a plea on OUI cases involving breath tests that there were potential inaccuracies with the test results.  As a result of the litigation in Commonwealth v. Ananias, many of out clients went to trial on OUI cases…

Massachusetts OUI Lawyers will once again have to deal with breath test evidence as most police departments have complied with the reforms required by Judge Brennan as part of the Ananias litigation.  Last week I spoke at the Plymouth Country Bar Association on Breath test evidence.  It has been a…

In a December 23, 2019 article in the New York Times by Stacey Cowley and Jessica Silver-Greenberg, the New York Times reported on an increasing concern over the use of ignition interlock devices for drivers with drunken driving convictions. The interlock device is connected to the vehicle’s ignition and requires the…

A New York Times article by Stacey Cowley and Jessica Silver-Greenberg confirms what Massachusetts OUI lawyers and defenses attorneys everywhere have been arguing for years, that breath test machine are often inaccurate and unreliable.  The Times found that these machines, a “linchpin of the criminal justice system,” are, at best, unreliable.…

In Massachusetts, those charged with OUI since August of 2017 have not had breath test evidence used in Court.  This was based on some egregious violations of discovery orders in the 9510 breath test litigation that began in 2015. To remedy the problem with the Office of Alcohol Testing not…

Breath test evidence has not been used in Court in Massachusetts since August of 2017.  The reasons for this was based on discovery violations that were uncovered during the 9510 Breath test litigation in Commonwealth v. Ananias.  In November 2018, Judge Brennan held a hearing to determine when breath test…

Breath test evidence has not been used in Massachusetts since August 2017 as a result of serious discovery violations that occurred during the litigation in Commonwealth v. Ananias.  This litigation originally started over whether the breath test source code was reliable, but evolved to include litigation about whether the Office…