April 5, 2019
We recently told you about a case heard in Malden District Court in which we successfully defended a client accused of OUI homicide. Our client was cleared of all charges. The case hinged on the use of breathalyzer results. In the Commonwealth of Massachusetts breathalyzer results are currently not admissible in court except in very specific circumstances including OUI homicide. However, based on the court’s decision to exclude most breathalyzer tests, it is clear the court doubts the scientific methodology currently in use. Until the court is satisfied that the methods and practices surrounding breathalyzer testing are sound, all breathalyzer tests are suspect.
As reported in Massachusetts Lawyers Weekly this recent case has garnered some attention in the Massachusetts legal community. Subscribers can read more about the nuances of the case and its repercussions in other cases read the interview in Massachusetts Lawyers Weekly.