When Breathalyzers Go Bad: Motions to Vacate

Soon the Trial Court will be sending out 27,000 notices to citizens across Massachusetts. The notice will inform them that the Court's records show that a Draeger Alcotest 9510 breathalyzer machine was used in some or all of their cases with charges of operating under the influence (OUI). Attorney Joseph D. Bernard, lead counsel in the state wide breath test litigation, discusses the details that arose from this litigation that may be able to help remove a prior OUI conviction from your client's record.

Based upon five years of litigation, the breath test utilized in many prior pleas or trials is no longer a reliable piece of evidence, potentially giving rise to vacate a prior plea or provide your client with a new trial. If you are litigating a subsequent OUI offense, the prior offense might be ripe for a motion to vacate or new trial. The prior offense could be causing a great deal of collateral consequences in your client's life that might be remedied with a motion to vacate/new trial. Years of driving license suspensions might be changed dramatically with this type of motion as well.

First, you learn about the statewide litigation that forever changed the OUI landscape in Massachusetts and the case at its center, Commonwealth v. Ananias. You then learn about the trial court decisions that led to the exclusion of all breath test results in evidence from 2011-2019. You will also hear Attorney Bernard discuss the relevant case law that will support your motion to vacate and motion for a new trial, as well as how you may use what occurred in Ananias to assist your client. At the end of this session, you know what issues to spot in your discovery and what documents you need along with the practical knowledge needed to be successful when arguing these motions.

Have your questions ready-Attorney Bernard wants to hear from you!