July 2, 2020
In 2019, Massachusetts Courts ruled that, with limited exceptions, the results of the Breathalyzer tests taken between June 2011 and April 17, 2019 were not admissible in Court. The Commonwealth of Massachusetts was required to attempt to notify any criminal defendant who took the Breathalyzer test during this period who was:
(1) convicted at trial;
(2) took a plea; or
(3) otherwise had an adverse criminal disposition
of the effects of this decision. Those affected may be able to have their drunk driving convictions / pleas overturned by the Court and removed from their criminal record.
DO YOU QUALIFY TO HAVE YOUR DRUNK DRIVING CONVICTION OR PLEA OVERTURNED?
If your answers to the following questions are YES, then you may qualify.
- Were you convicted or did you take a plea to a drunk driving (OUI / DUI) case in Massachusetts between June 2011 and April 17, 2019?
- Did you take the Breathalyzer test?
- Was the Breathalyzer test result a significant factor in your decision to take a plea?
- Was the Breathalyzer test result a significant factor in the Judge or jury’s decision to convict you?
EVEN IF YOU DIDN’T RECEIVE A LETTER YOU MAY STILL QUALIFY
In February of 2020 it was widely publicized that approximately 27,000 letters were being sent to Massachusetts drunk driving defendants who took the Breathalyzer test between June 2011 and April 17, 2019. Regardless of whether you received this letter, you may be entitled to have your conviction overturned and removed from your record.
WHY SHOULD I TRY TO GET MY OUI CONVICTION OVERTURNED?
- Drunk driving convictions or pleas stay on your record forever
- If you are EVER stopped and arrested again for drunk driving (OUI/DUI), this offense will be counted in determining how many times you have done this before (i.e. 2nd, 3rd or 4th offense, etc.) and will result in much harsher penalties (i.e. potential jail time and loss of license) if convicted
Call us today to learn more and to see if your drunk driving (OUI/DUI) case qualifies to be overturned.
At Contant Law we have more than two decades of experience successfully defending people accused of crimes. Let us help you.