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'Breath test' defendants should be allowed new trials | Massachusetts Lawyers Weekly

The Supreme Judicial Court will soon decide what remedy is available to the tens of thousands of defendants who pleaded guilty to OUI offenses, only to later learn of widespread misconduct at the Office of Alcohol Testing that tainted evidence in its cases.
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SJC takes up lingering questions on 'unreliable' breath tests | Massachusetts Lawyers Weekly

The Supreme Judicial Court has agreed to direct appellate review of a case that raises the question of under what circumstances a drunken-driving defendant can withdraw a guilty plea or admission to inculpatory facts based on misconduct by the Office of Alcohol Testing revealed in Commonwealth v. Ananias. On June 15, the SJC granted a
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OUI bar, state moving to resolve 'Ananias' | Massachusetts Lawyers Weekly

Settlement of long-running litigation over the admissibility of OUI breath-test results produced by the Draeger 9510 device appears to be imminent under the outlines of a deal featuring the appointment of an ombudsman to ensure the Office of Alcohol Testing complies with discovery obligations. Defense counsel and the stateโ€™s district attorneys on April 19 filed ...
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