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Breath Test Results Inadmissible Once Again

Posted by Matthew Gilman | Nov 18, 2021 | 0 Comments

Breath Test Results are Inadmissible Again

Judge Robert A. Brennan on November 15th issued a statewide suspension of the use of breath-test results in any DUI/OUI cases throughout Massachusetts. Defense Attorney's have filed numerous motions calling into question whether the breath-test device produces scientifically reliable results. Additionally, Defense Attorney's have argued that the State Police Office of Alcohol Testing have violated the terms of a previously negotiated settlement.

Previously, Judge Brennan in Commonwealth v. Ananias found the "presumptive unreliability" of thousands of breath tests administered throughout Massachusetts. Only in 2019 were Prosecutors across Massachusetts authorized to again try to introduce breath-test results. Beginning this past spring based on numerous issues brought to light many District Attorneys stopped using the breath-test evidence voluntarily. The ruling by Judge Brennan now prohibits any District Attorney from using the breath-test results.

A hearing will be held within 60-days to determine next steps in the never ending breath-test fiasco.

About the Author

Matthew Gilman

Meet Matthew Gilman Attorney Matthew Gilman understands the difficulties his clients face when their driver's license is suspended or they are charged with an OUI/DUI.  Prior to opening his law practice, Attorney Gilman worked as a Registry of Motor Vehicles (RMV) hearings officer. During his t...


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