Judge Brennan Extends Time-Frame for Presumptively Excluded Breath Test Results

On May 1, 2017, Judge Brennan extended the time-frame for breath test results that have been deemed presumptively excluded from evidence as a result of the decision in Commonwealth v. Ananias. The following statement was added to the Ananias docket: "Correction as to the factual findings of the Memorandum of Decision issued by Brennan, J. specifically correcting the date of deployment of the Alcotest 9510 breathalyzer to MA law enforcement agencies beginning June, 2011 (and NOT June, 2010)" (emphasis original). This correction has effectively changed the presumptively excluded time-frame from June, 2012 to Septemper 14, 2014 to June, 2011 to September 14, 2014.

To learn more about information about whether Judge Brennan's decision affects your OUI case, contact Attorney Joseph D. Bernard (413) 831-5579.