Feb. 16, 2017 — In ruling on defendants’ consolidated case against the Draeger Alcotest 9510 breath testing machine, the court has allowed the motion to exclude breath test results from evidence where the commonwealth relied upon machines operated from June 2012 through September 14th, 2015. or to bring in technicians from Office of Alcohol Testing to refute the accuracy of the results!
The decision arose from a Daubert-Lanigan hearing, a special type of hearing where “scientific” resources used by the state to prosecute individuals can be challenged as to accuracy and reliability. The challenge here was to the Draeger company’s Alcotest 9510 breath-alcohol testing machine.
Due to serious oversights by the Office of Alcohol Testing, the judge has found that the Alcotest 9510 machine could not be scientifically relied upon during a 39.5 month timeframe spanning June, 2012 to September 14th, 2015.
What Are My Options If I’m Affected by the Draeger Alcotest Ruling?
This decision means that anyone who was convicted on an OUI for alcohol where breath test results were entered into evidence can seek to overturn their convictions!
Should the motion to vacate your conviction be Allowed, then a request for a new trial should be granted.
In a new trial, your defense strategy will be bolstered by the lack of per se BrAC results and an increased reliance by the prosecution on stale testimony and highly subjective Field Sobriety Tests.
Call Attorney Greg Oberhauser now for a free consultation about how you can proceed on motions to get the justice you deserved in your Massachusetts drunk driving case. If you were convicted for DUI with BrAC results from the Alcotest machine between June 2012 and Sept. 14, 2015; You’ve been wronged. Let us make it right as soon as possible. Call Oberhauser Law Now: 978-452-1116.
Second or Subsequent OUI Convictions After 9/14/2015
Were you convicted for driving under the influence after 9/14/15, and your sentence was enhanced due to a prior OUI of alcohol conviction within the affected timeframe?
If you answered Yes, then you have standing to appeal your sentence. If your recent/current sentence was based on a prior conviction where unreliable breath test results from the Alcotest machine were used, then your case was not justly handled by the Court as new evidence has been exposed.
Your sentence could be amended to the fair and appropriate length of penalties based on one less prior offense. For instance, you may have been charged and sentenced as a second offender when you could have been counted as a first-time OUI offender.
Fighting back is what we do. That’s why Oberhauser Law worked so hard with colleagues in the defense bar to challenge the accuracy of the Alcotest breathalyzer and the state’s use of breath alcohol test results from it in prosecuting drivers for OUI. If interested, you can read our brief here.
Do not delay in contacting the right DUI lawyer to help navigate your path to the best remedy. We put our skin in the fight for a fair criminal justice system. Call me if you’d like to talk about your options to seek justice for a prior OUI /DUI conviction in Mass.