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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”
Where a defendant moved to withdraw her admission to sufficient facts to support a finding of guilty to operating a motor vehicle while under the influence of intoxicating liquor, a decision to deny that motion must be reversed because the defendant is entitled to a conclusive presumption of egregious government misconduct regarding breath test results