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 we discussed the upcoming litigation regarding the breath test source code. At DelSignore Law, we initially joined approximately 30 clients to the litigation who took breath tests. As the breath test litigation took additional time, more clients were joined to this statewide litigation.
The litigation took about two years, as every aspect of the machine was tested by the defense. Judge Brennan ultimately ruled that the breath test had a reliable source code, that it was specific enough for alcohol and that the partition ratio was scientifically reliable. He essentially rejected all of the defenses scientific attacks on the machine. However, he made a major ruling that resulted in two years of breath tests being excluded from evidence. Those were tests prior to September 14, 2014. In his original ruling, the results were only presumptively excluded meaning that the Commonwealth could seek to introduce them. Ultimately, the breath tests were excluded in all of our cases that were part of the litigation as the Commonwealth was never able to meet this burden in court to admit the test results.