Why your Breath Test Results may not come Into Evidence at your Trial in Massachusetts

The breath test in Massachusetts has not been used since August of 2017 in Massachusetts OUI cases. The Commonwealth is still not using these tests if a case were to go to trial; the expectation is that this will continue for the foreseeable future. There are a few reasons why they are not using the breath test.

In 2014, litigation started challenging the source code and the reliability of the 9510 breath test machine. At DelSignore Law, we have had over 30 clients join into that litigation and all of them had their breath test results excluded from evidence at their trial. Many of those clients were ultimately found not guilty after trial.

However, after the litigation ended, it was uncovered that the government did not turn over roughly 400 documents that were relevant in that hearing. As a result of this discovery, the commonwealth stopped using the breath test results in Massachusetts this past August.

The head of the office of alcohol testing, Melissa O’Meara, was fired and lost her job based on this failure to provide documents and manage the list of 9510 litigation.

Accordingly, if you have taken a breath test, you should know that your results may not come into evidence. Many people assume that a case cannot be won if they have taken a breath test and failed, however, this has never been the case but especially at this point in time. Breath test cases continue to be successfully defended and won in court based on the fact that these results have not been used.

You can see a list of our recent cases; a majority of these cases the breath tests were not admitted into evidence and the individual was found not guilty of OUI. If you have any questions about the status of the breath test, feel free to contact me. My name is Michael DelSignore and I answer these questions every day. You can call me directly at 781-686-5924.

As mentioned before, feel free to read some of our case results over the past six months when the breath test was not included in evidence here.

Client Reviews
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Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
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A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
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Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
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Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
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I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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