Based upon five years of litigation, the breath test utilized in many prior pleas or trials is no longer a reliable piece of evidence, potentially giving rise to vacate a prior plea or providing your client with a new trial. If you are litigating a subsequent OUI offense, the prior offense might be ripe for a motion to vacate or new trial. The prior offense could be causing a great deal of collateral consequences in your client’s life that might be remedied with a motion to vacate/new trial. Years of driving license suspensions might be changed dramatically with this type of motion as well.
First, you will learn about the statewide litigation that forever changed the OUI landscape in Massachusetts and the case at its center, Commonwealth v. Ananias. You will then learn about the trial court decisions that led to the exclusion of all breath test results in evidence between June 2011 and April 18, 2019. You will also hear Attorney Bernard discuss the relevant case law that will support your motion to vacate and motion for a new trial, as well as how you may use what occurred in Ananias to assist your client. At the end of this session, you will know what issues to spot in your discovery and what documents you will need along with the practical knowledge needed to be successful when arguing these motions.
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