A year and four months ago the second challenge of the Breath Testing Machine used by the State of Massachusetts began. The Judge thought it would take about 3-6 months to complete! Well a lot has happened since then.
What is the importance of this challenge is that up till now, no one knew how the machine worked if it was accurate and reliable, hence the need for a Daubert-Lanigan review. This is the test before the Court where new science is to tested to see if it is acceptable to be given to the jury for consideration. The science needs to be acceptable to its peers and found to be reliable and accurate. Being the only Forensic Lawyer- Scientist in Massachusetts help shape this challenge and to understand the science underlying this machine.
The first attempt at this was termed the Daen’s case and 61 others, which began back in 2008, this author was the one who started this challenge which culminated with the Camblin case in 2016, reviewing the Draeger 7110 Breath Test (BT) machine stating that the science of the BT machine needed to be challenged and understood.
In that case, only a Static review of the source code was done flaws and errors were found but it was hard to quantify to what degree the errors would occur and to what degree those errors would have any effect on the reported result.
This was solved through long litigation over the source code of the Draeger 9510 BT machine and the request of having two machines to do dynamic testing on by experts. The team of lawyers were able to prevail (after three appeals to the SJC) to obtain the discovery and the two machines—the first in the nation to prevail we believe without a contract in place, see Minnesota and Washington.
I can’t tell you the results yet of the research but I can tell you all criminal lawyers who have tried OUI or DUI cases will be reading this to find a way to help with their individual cases.
See below some of the testing I was personally able to do on the Draeger 9510 in California, believed to be 1 of only 2 lawyers in Massachusetts to have personal experience with the Draeger 9510.
We obtain access to the Draeger 9510 and checked to see if my license would work on the machine—without a problem.
This is where problems will and can occur! See the various screen shots below that list all of the programs that can be changed under Maintenance section. You need a lawyer who knows and understands this information. It could be the difference between winning and losing your DUI, DWI or OUI breath test either at trial or before trial.
If you have been charged with an DUI, OUI, or DWI contact us today. We are the Massachusetts law firm that has this knowledge which can make a difference in your case. At Oberhauser Law we fight breath tests and we fight for your rights! Give us a call at 978-452-1116 or visit our website at www.Oberhauserlaw.com .