In the News
I-Team: Massachusetts Judge Bans Use of Breathalyzer Tests In Court
22 News WWLP interviewed Attorney Joseph Bernard, lead counsel of Commonwealth v. Ananias, regarding the decision Judge Brennan made to ban breathalyzers tests in Massachusetts OUI cases until further notice. The Office of Alcohol Testing must show they they are likely to be approved of accreditation until breathalyzer tests can be used again. Attorney Bernard is quoted saying, "There are 7 different goals that the judge mandated they reach. They claimed that they had already reached them in court, but the judge disagreed and said no, you have to do certain things, and until you do these certain things, you're not going to be allowed to use breath tests in Massachusetts." Read the full story here:
Breathalyzer Results Banned From Being Used In Massachusetts Courts
Western Mass News reported on the decision made by Judge Brennan that affects OUI cases statewide in Massachusetts. Attorney Joseph Bernard is quoted saying, "It's huge because as we stand here right now, breath tests are not permitted to be introduced. That's indefinite until the Office of Alcohol Testing provides proof to this judge to show that they are going to receive accreditation." Click here to learn more.
Massachusetts Judge Bans Use of Breathalyzer Test In Court
WBUR News released an article discussing the decision made by Judge Brennan where he ruled that breath tests will continue to be excluded in OUI cases in Massachusetts until the Office of Alcohol Testing can show that they are likely to be succeed at accreditation. Attorney Bernard is quoted saying, "People go to jail, people lose their license, and the judge is essentially saying, if you're going to be putting liberties at risk, you better be precise. You better be accurate and the only way you're going to do that is to show accreditation." Read more here.
State Lab Must Show Progress For Breath Tests to be Used In Certain OUI Cases
Boston Globe reported that although there are some exceptions, breathalyzer tests cannot be used as evidence in drunk driving cases in Massachusetts. Attorney Joseph Bernard is ruling this as a significant victory, he is quote saying, "What it does is it protects the citizens, the courts, and the defense attorneys who demand fair and reasonable discovery practices." Click here to read the full article.
Massachusetts Judge Bans Use of Breathalyzer Test In Court
The Office of Alcohol Testing must undergo major reforms in order for breathalyzer tests to be used in OUI cases in Massachusetts again as ordered by Judge Brennan. Read more here.
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.