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Vacating Your Breath Test Conviction Serving Clients From The Berkshires to Boston

Vacating Your Breath Test Conviction

I was Prosecuted with a Draeger 9510 Breath Test:

Can I Vacate My Conviction?

If you were prosecuted with a Draeger 9510 breath test result, you may be eligible to vacate your OUI conviction. The Court has held that any breath test result from a Draeger 9510 breathalyzer that was calibrated between June of 2011 through April 17, 2019 should not have been used as evidence in an OUI case. Depending on the facts of your case, you may be able to successfully ask the Court to vacate your plea or grant you a new trial. The removal of an OUI conviction from your criminal record could have significant positive impacts to your driver’s license, potential employment opportunities, firearms licensing, and more. It is important that your case be properly evaluated by an experienced and knowledgeable attorney to discuss the benefits and any potential consequences of asking the Court to vacate your conviction.

What happens after the Motion to Vacate Plea or Motion for New Trial is filed?

After the Law Offices of Joseph D. Bernard files a motion to vacate your plea or a motion for a new trial with the court in which you were convicted, it is up to a judge to determine whether to allow your motion. The judge will examine whether there was other overwhelming evidence of impairment even without the breath test result. Based upon the strength and significance of the newly discovered evidence about the serious problems with breath test results, we are confident in the success of these motions. However, it may be a lengthy period of time before the judge issues a decision.

The Motion to Vacate Plea or Motion for New Trial was allowed, now what?

Once your motion to vacate your plea or motion for a new trial is allowed, your case is officially reopened. This does not mean your case is automatically dismissed. Your case is then an active case in the court system and the Law Offices of Joseph D. Bernard can begin to litigate the case. We would be able to fight for your innocence without the Commonwealth being able to use the unreliable breath test result against you. Our firm has obtained excellent results for our clients who have successfully vacated their conviction.

If you believe you may be eligible to vacate your conviction, please contact the Law Offices of Joseph D. Bernard. Attorney Bernard is the lead defense counsel in the statewide litigation challenging breath test results, and our law firm is at the forefront of moving to vacate convictions for those impacted by unreliable breath test results.

Lawyers Who Provide a Scientific Defense

  • Trained Breath Test Machine Operator

    Attorney Joseph D. Bernard is the only lawyer in Massachusetts to have completed the breath test training conducted by the state police.

  • Certified Field Sobriety Test Administers

    Our attorneys are certified administers of the field sobriety test by the National Highway Traffic Safety Administration.

  • Former Assistant District Attorney

    We understand OUI cases from both sides of the fence and know exactly how to defend our clients.

  • Unique Certification & Expertise

    Attorney Joseph Bernard is the only lawyer in Massachusetts to be certified by the international acclaimed Borkenstein drug and alcohol courses.

Meet The Law Offices of Joseph D. Bernard P.C.

The Pinnacle of Drunk Driving Defense
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    “I'm here to tell you as someone who went through it and knows how scary it is when you are facing that black hole and approaching the event horizon and realize that you are about to lose everything you ever knew and fought for, this is the man you want.”

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    “I was very pleased with the expertise and professionalism with which Attorney Joe Bernard managed my case. It quickly became clear to me that he has the experience and respect of his peers necessary for effective litigation. I’ll always be grateful.”

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