Articles Posted in Breathalyzer Testing

As a Massachusetts OUI Attorney, the recent decision of the United States Supreme Court has importance consequences in defending drunk driving case involving blood and breath test evidence. The Williams v. Illinois decision is noteworthy as to how divided the court was in its reasoning finding that the defendant’s Sixth…

A man arrested for a Framingham DUI was reportedly five times over the legal limit, according to The Boston Herald. Framingham DUI attorneys question why authorities had this individual in jail taking mugshots, when he probably should have been taken to a hospital. Alternatively, one would wonder if there may…

Authorities in Florida are facing higher costs of prosecuting DUI offenders because of questionable breath test results and aggressive defense of clients tested by the Intoxilizer 8000. Massachusetts DUI defense attorneys know how unreliable breathalyzer tests can be. Currently, high-profile examples include Washington D.C. (authorities quit using their machines altogether),…

The Massachusetts Supreme Judicial Court decided the case of Commonwealth v. Zoanne Zeininger which addressed the issue of whether the Sixth Amendment requires the Commonwealth to present the live testimony of a witness from the Office of Alcohol Testing in order to admit breathalyzer test results at a Massachusetts DUI…

A Rhode Island lawmaker has been charged with driving under the influence and possession of marijuana and drug paraphernalia after being stopped at a DUI checkpoint in Connecticut, Channel 12 News reported. A Massachusetts criminal defense lawyer has more ground upon which to challenge charges that result from a car…

The Massachusetts Supreme Judicial Court heard oral arguments on February 7, 2011 in the case of Commonwealth v. Zeininger, which was an appeal of a drunk driving conviction out of the Greenfield District Court. The defendants in the case filed an appeal with the Massachusetts Court of Appeals, which the…

The Massachusetts Court of Appeals, in the case of Commonwealth v. Rumery, decided February 4, 2011, issued a decision regarding the margin of error of the breathalyzer at Massachusetts DUI trials. The court ruled that a defendant is not entitled to a jury instruction that the breathalyzer has an inherent…

A Massachusetts trial judge, Mark Sullivan, in the case of Commonwealth v. Anthony Daen, denied the defendant’s request for a Daubert-Lanigan hearing in a group of Massachusetts drunk driving cases that were consolidated for the Honorable Judge Mark Sullivan out of the Lawrence District Court. The case involved 60 defendants…

Preliminary breathalyzer test result, PBT, are inadmissible to prove a DUI offense in Massachusetts. Accordingly, if you failed a portable breathalyzer test the Commonwealth cannot offer that evidence to the jury. A case from Wisconsin raised an interesting issue of whether a defendant can offer preliminary breathalyzer test results to…

The admissibility of breathalyzer evidence in Massachusetts may be impacted by a confrontation clause case from Virginia that the United States Supreme Court agreed to hear for the upcoming term. Commonwealth v. Briscoe. The appeal in Briscoe concerns several cases that were consolidated and all raise the same issue of…