In the News

Breathalyzer Controversy Returns to Court

WWLP interviewed Attorney Bernard regarding the latest update in Commonwealth v. Ananias. Prosecutors have agreed to exclude breath tests from evidence from 2011 to 2017 in OUI cases in Massachusetts. However, Attorney Bernard wanted to extend this time period even further due to the calibration of the breath tests. On 22 News at 5:00 p.m., Thursday, December 13, 2018, there will be a feature on television regarding this. Click here to read the full story.

Another Delay In Hearing On Use of Breath Test Results

On November 6, 2018, Salem News posted the latest update in the statewide breath test litigation case, Commonwealth v. Ananias. This article discusses why the hearing has yet again been continued. The defense, Attorney Bernard, needs to obtain and review proficiency test results for workers at the lab of the Office of Alcohol Testing. Thus, the hearing has been continued to November 26, 2018. Please utilize this article to read more information.

Judge Mulling Over When Prosecutors Can Resume Using BT Results

Salem News recently published an article discussing the latest update in the statewide breath test litigation case, Commonwealth v. Ananias. It is still not decided when breath test results can be admitted into evidence for OUI cases in Massachusetts. Click here to read the full story.

Massachusetts District Attorneys Agree to Toss Breath Test Results

MassLive recently published a news article regarding the progress in Commonwealth v. Ananias. Attorney Bernard is quoted saying "To correct the deficiencies that exist, the (Office of Alcohol Testing) must become accredited." Click here to read the full story.

Breathalyzer Results Could Be Thrown Out In More Than 35,000 Massachusetts Cases

WBUR News published an article regarding the proposed agreement between defense attorneys, including Attorney Bernard, and district attorneys in Commonwealth v. Ananias. Although this agreement still needs to be signed off by Judge Brennan, you can read the full story here.

Delays May Soon Be Over in Scheduling Breath Test Cases

MassGov released an update regarding the breath test cases in Massachusetts. Now that both parties in Commonwealth v. Ananias has come to an agreement, the usage of breath test results in court may begin again soon. Read here for more.

Proposed Settlement Filed in Alcotest Case

Massachusetts Lawyers Weekly discusses the progress Attorney Joseph Bernard, among other lawyers, have done in Commonwealth v. Ananias. This article discusses the proposed settlement agreement that Attorney Bernard filed in the Concord District Court on August 14, 2018. Read here for the full story through Massachusetts Lawyers Weekly.

Tainted Breathalyzer Results Could Force New Trials

The Salem News discusses the possibility of new trials for breath test cases due to Commonwealth v. Ananias. Attorney Bernard is quoted by saying, "It was not the district attorneys who were withholding the material. They had nothing to do with this and when they found out, they rose up." Click here for further information.

Thousands Convicted of OUI Could Seek New Trials Under Tentative Deal on Breathalyzers

The Boston Globe released an update regarding the agreements between the defense attorneys and the district attorneys on the usage of breath test results in the courtroom. Due to the work done by Attorney Bernard in Commonwealth v. Ananias, there could now be a possibility of thousands of new trials for convicted OUIs in Massachusetts. Attorney Bernard claims that much work has been done, but there is still much more. Click here for more.

NYSP breathalyzer model at center of 20,000 case controversies in Massachusetts

A New York reporter recently interviewed Attorney Bernard regarding the breathalyzer controversy in Massachusetts. New York State Police are currently still using the same breathalyzer that has been excluded from evidence here in Massachusetts. Click here to watch the interview and read more about this.

Researchers say a breathalyzer has flaws, casting doubt on countless convictions

Attorney Bernard, among other researchers, was recently mentioned in an article regarding breathalyzers. He discusses the ruling of breath test results being "presumptively unreliable" for two years prior to September 2014. Click here to read more on this.