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Springfield attorney calls for halt on breath test machines

A Springfield OUI attorney is calling for a moratorium of the state's breath test machines, saying the machines are producing misleading evidence.

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OUI attorneys raise specter of 'Ananias 2.0' | Massachusetts Lawyers Weekly

OUI attorneys raise specter of 'Ananias 2.0' | Massachusetts Lawyers Weekly
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Defense, DAs eye resolution of OUI cases under 'Hallinan' | Massachusetts Lawyers Weekly

The Supreme Judicial Court’s recent acknowledgement of systemic misconduct at the Office of Alcohol Testing has given the defense bar and district attorneys the framework finally to close the book on thousands of drunken-driving convictions tainted by unreliable breath tests. In its April 26 decision in Commonwealth v. Hallinan, the SJC held that the “extensive”

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Attorney argues driver too inebriated to 'refuse' test – Minnesota Lawyer

A Boston criminal defense attorney believes he has the rare case in which a driver can plausibly argue that her “refusal” to submit to a chemical test was invalid because she was too intoxicated to comprehend officers' warnings.

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OUI attorney argues driver too inebriated to 'refuse' test | Massachusetts Lawyers Weekly

A Boston criminal defense attorney believes he has the rare case in which a driver can plausibly argue that her “refusal” to submit to a chemical test was invalid because she was too intoxicated to comprehend the warnings provided by police officers pursuant to the state’s implied consent law. Superior Court Judge Robert B. Gordon,

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Judge ponders 'big ask' by defense bar in breath-test case | Massachusetts Lawyers Weekly

Judge ponders 'big ask' by defense bar in breath-test case | Massachusetts Lawyers Weekly
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OUI lawyer survives close call with alleged drunk driver | Massachusetts Lawyers Weekly

OUI lawyer survives close call with alleged drunk driver | Massachusetts Lawyers Weekly
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Massachusetts prosecutors halt use of Breathalyzer results

WORCESTER — Prosecutors in several jurisdictions across the state, including on Cape Cod, are halting the use of breath test evidence following fresh concerns raised about the machines and their stewardship.
The concerns, which appear to surround disclosure that some police officers conducted tests with expired Breathalyzer certifications, come just months after notices began going out to 27,000 people statewide regarding eight years’ worth of tests invalidated for a separate calibration issue.
“The issue involves an allegation of the certification of some of the Breathalyzer operators,” said Cape and Islands District Attorney Michael O’Keefe on Wednesday. “That is the issue that I’ve been dealing with in terms of how that impacts the appropriateness of introducing Breathalyzer evidence.”

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Massachusetts prosecutors halt use of breathalyzer results after issues raised again

Massachusetts prosecutors halt use of Breathalyzer results after issues raised again
WORCESTER — Prosecutors in Worcester and several other jurisdictions across the state are halting the use of breath test evidence following fresh concerns raised about the machines and their stewardship.
“Our office, along with several other District Attorney’s offices across the state, will continue to temporarily suspend the use of Breathalyzer evidence in court proceedings,” Worcester DA Joseph D. Early Jr. confirmed to the Telegram & Gazette Tuesday.
A list of offices suspending use of evidence was not immediately available from the Massachusetts District Attorneys Association, but two defense lawyers who raised the concerns said they believe most DAs have done so.

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