Tuesday, June 8th, 3–4:15pm

27,000 notices have been sent to citizens across Massachusetts. The notice informed them that the Court’s records show that a Draeger Alcotest 9510 breathalyzer machine was used in some or all of their cases with charges of operating under the influence (OUI). Attorney Joseph D. Bernard, lead counsel in the statewide breath test litigation, will discuss the details that arose from this litigation that may be able to help remove a prior OUI conviction from your client’s record.

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Breathalyzer Image

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.

Questions? Comments? email info@macdl.com

JOSEPH D. BERNARD is of the Law Offices of Joseph D. Bernard, PC, in Springfield, where he stands at the forefront of advancing the scientific progress of OUI defense. He is dedicated to the science of OUI and remains the only attorney in Massachusetts and one of the very few in the nation who has completed two scientific Borkenstein courses — the premier training for alcohol and toxicology, worldwide. Mr. Bernard has also obtained a great deal of training from different laboratories regarding gas chromatography. He was a lead attorney in the statewide litigation in Commonwealth v. Ananias, which challenged the reliability of Draeger Alcotest 9510 breath test results. His representation contributed to the unveiling of discovery violations made by the Massachusetts Office of Alcohol Testing, ultimately leading to a state investigation into the laboratory. Mr. Bernard is active in appellate and Supreme Judicial Court issues in the state. He maintains a schedule of lectures, ensuring other attorneys and lawmakers are educated to the most recent advancements in the law and science of operating under the influence. Mr. Bernard is also the co-author of Volume 50 in the statewide Mass Practice Series: Drunk Driving Defense.