There are an unacceptably high number of towns and cities where the Draeger Breath Test machine failed to be correctly calibrated and thus produced questionable results. These flawed findings denied defendants and defense lawyers reliable information needed for deciding how to handle their OUI cases.
This is a significant finding that dates back to 12-23-11 out of the Newburyport Court and the Merrimac police station. For more information read how this breathalyzer malfunction has put two years of Massachusetts DUI cases in question.
This finding causes a number of perplexing questions. Will we get the true answer or a modified answer to this problem from the state?
What we know is this is a statewide problem involving close to 35 different machines. The enlightened experts are saying this is a software problem that needs thorough testing.
The chief issue is that the machine self-calibrates itself to be within a range of 0.074 to 0.086. If it is not within this range, it should not operate – but nevertheless produced flawed results.
Why would so many machines, run by so many municipalities, exposed as having an internal software flaw be allowed to override a central command?
Towns in the Merrimack Valley with machines that have produced flawed results include: Ayer, Amesbury, Attleboro, Boston Logan, Dedham, Fitchburg, Lawrence, Littleton, Leominster, Malden, Marlboro, Tyngsboro, Waltham, and Woburn.
This is not a recent issue. Starting in 2009 our office attempted to have the Source Code of the Draeger examined and to conduct a Daubert-Lanigan scientific hearing. After a long battle, the judge denied the hearing request in late 2011. Currently, this case is under advisement with our Supreme Juridical Court.
If you had or have a current case in these communities’ police departments, you need to contact your attorney immediately, visit Oberhauserlaw.com, or call our office at 978-452-1116 to get prompt answers to your questions and, more importantly, direction on how to proceed.