Many questions are being raised about OUI breath-test evidence causing defense attorneys to examine their OUI cases. While the state reviews the breath analysis machines, prosecutors are suspending the use of evidence from police.
It may only be a small amount of readings, but the Massachusetts Bar Association is calling for an independent assessment of the dependability of the tests. Depending on the results, people could look into dismissals or even new trials.
Attorneys across the state are going through OUI cases to see which clients will be affected. They are either pursuing continuances of OUI cases or not using breath test evidence until the problem is fixed.
If you or someone you know has been convicted of or negotiated a plea agreement in MA for an OUI over the last two years based on a breath test result, you may have options in revisiting the matter. Feel free to contact me at 978.352.0384 or my partner Jason Chan at 781.343.1384 to explore your options.