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Breathe Easy: Breath Testing in Court

  • Training

  • 4 Hours
  • Massachusetts Continuing Legal Education, Inc. (MCLE)
  • ID: 5866193
Due to a state-wide moratorium over the last five years, there have been no breath tests offered as evidence in Massachusetts courts. More recent issues spurred a court order banning their use in late 2021. With this coming to an end, now is the time to take the opportunity to learn or refresh your knowledge about breath testing and its use for prosecution and at trial.

This program covers the basic science behind breath tests. Learn about breath test measurement and alcohol absorption. Discover how breath test machines work and how they are calibrated.

The program then covers the discovery aspects of breath tests. We focus on the eDiscovery portal, learning how to read, interpret the documents, and determine what their importance will be at trial.

Finally, the program looks at the Constitutional and legal issues regarding breath testing. What are the fundamental underpinnings of a prosecution and what are the evidentiary foundations needed to introduce a breath test measurement. In the alternative, what does the defense lawyer need to look for as an objective for a trial with a breath test case.

Breath tests are coming back, but breathe easy, this program has you covered!

Course Content

12:00 pm - 12:05 pm
Welcome and Introduction

12:05 pm - 1:00 pm
Physiological Aspects of Breath Testing
Joseph C. Anderson, Ph.D,
Anderson Bioscience, Seattle

1:00 pm - 2:25 pm
Focus on Elementary Training
Jan Semenoff,
Industrial Training & Design Ltd., Saskatoon, SK

2:25 pm - 2:40 pm
Break

2:40 pm - 3:05 pm
Prospectives from the Bench
Hon. Robert S. Murphy, Jr.,
Springfield District Court, Commonwealth of Massachusetts, Springfield

3:05 pm - 4:00 pm
The Defense and Prosecution Prospectives
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC, Springfield
Robert Murphy, Esq.,
Middlesex Superior Court, Commonwealth of Massachusetts, Woburn

Please Note
This webcast is delivered completely online, underscoring their convenience and appeal.
There are no published print materials. All written materials are available electronically only.
They are posted 24 hours prior to the program and can be accessed, downloaded, or printed from your computer.

Speakers

Chair
Joseph D. Bernard, Esq.,
Law Offices of Joseph D. Bernard, PC, Springfield

Faculty
Joseph C. Anderson, Ph.D,
Anderson Bioscience, Seattle
Robert Murphy, Esq.,
Middlesex Superior Court, Commonwealth of Massachusetts, Woburn
Hon. Robert S. Murphy, Jr.,
Springfield District Court, Commonwealth of Massachusetts, Springfield
Jan Semenoff,
Industrial Training & Design Ltd., Saskatoon, SK