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Massachusetts breath test source code litigation takes a step forward for the defense after hearing before SJC Justice

Massachusetts Supreme Judicial Court Justice Botsford heard oral argument today relating to the Statewide challenge to the Alcotest breath test machine used to prosecute drunk driving cases in Massachusetts.  She heard appeals in the two challenge to the breath test source code, one arising from the Concord District Court and…

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Massachusetts Supreme Judicial Court to review accuracy of Field Sobriety Tests in OUI Marijuana cases.

Field sobriety tests are commonly used in OUI alcohol cases. The Massachusetts Supreme Court will address, in the case of Commonwealth v. Gerhardt, whether these tests are accurate and reliable for when someone is arrested for OUI marijuana in Massachusetts. The police have been using field sobriety tests to help…

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Massachusetts license suspension for breath test refusal: Steps to appeal the license suspension

When your license is suspended for refusing a breath test in Massachusetts, there is a method to appeal that suspension.  This blog addresses the issue of how you appeal a breath test refusal suspension. This blog addresses the arguments I have used in court to argue that the court should vacate…

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