Articles Posted in Breathalyzer Testing

New Jersey Supreme Court uphold the exclusion of over 20, 000 breath test after temperature probe not performed in the case of State v. Cassidy.   The New Jersey Supreme Court decision is important for OUI lawyers in Massachusetts and throughout the country as the Court attributed great weigh to…

Should the Office of Alcohol Testing in Massachusetts responsible for calibrating and certifying the breath test be an accredited lab?  This is the next issue before Judge Brennan in the Massachusetts breath test litigation in the case of Commonwealth v. Ananias. Judge Brennan recently granted the defense request for a…

Why you may be able to vacate an Old OUI conviction in Massachusetts?  For the past two years, over 30 DelSignore Law clients have been involved in the breath test litigation in Concord District Court.  It was a 6:00 meeting with myself and a group of Massachusetts OUI lawyers where…

  Since August of this year, breath test evidence has not been used in Massachusetts as a result of discovery violations that occurred during the Alcotest 9510 litigation in the Concord District Court that was heard before Judge Brennan.  Now New Jersey, has also had an issue impacting breath test…

Massachusetts breath test evidence not being used in Court as the Head of the Office of Alcohol Testing was fired Monday.  Melissa O’Meara, the head of the Massachusetts Office of Alcohol, was fired Monday amid an investigation which uncovered that the office was withholding evidence of breath test machines that…

The Massachusetts Appeals Court ruled today that the breath test operator does not have to watch the defendant to be in compliance with the 15 minutes observation period.  This ruling is contrary to the regulations requiring that the breath test operator observe a defendant for 15 minutes. This decision arose…

This week there will be two significant hearings on breath testing.  The SJC will hear oral argument in the case of Commonwealth v. Camblin.  This case has been at the SJC before; in the first Camblin decision, the SJC held that a district court judge was wrong to deny the…

For the past two years, there has been extensive litigation about the reliability of the breath test.  Judge Brennan consolidated all issues pertaining to the accuracy of the breath test in one hearing.  Judge Brennan rejected all challenges to the scientific reliability of the machine, but found that the Office…

It was a partial victory for Massachusetts OUI Lawyers as the judge overseeing the Stateside breath test litigation, ruled that the breath results shall be excluded if the machine was calibrated prior to September 14, 2014, based on lack of standards and procedures for conducting the annual certification.  The Judge…

When is a person being investigated of a crime entitled to a lawyer? The determination of whether someone being accused of a crime is entitled to a lawyer depends on whether the court determine that the prosecution is at a critical stage in the process. The United States Supreme Court…