Commonwealth v. Ananias Massachusetts Breath Test Litigation Continued to November 26, 2018

On November 5, 2018, Attorney Bernard was in the Salem District Court for what was supposed to be the final hearing in the state-wide breath test litigation in Massachusetts, Commonwealth v. Ananias. This is has been a 3 1/2 year litigation that Attorney Bernard has been the lead defense attorney for. When the final witness for the Commonwealth was on the stand, she discussed individual chemist proficiency testing in regards to the breath test equipment used in OUI cases in Massachusetts. The Defense had previously not been given the results for the proficiency testing and thus the case has been continued to Monday, November 26, 2018. As of right now, there is not a decision on when breath tests can resume being used in Massachusetts. For more information, please utilize either of the articles below.

https://www.salemnews.com/news/local_news/judge-mulling-over-when-prosecutors-can-resume-using-bt-results/article_c91a4e01-fa4a-5a3f-8f08-d96b8b4515b1.html

https://www.salemnews.com/news/local_news/another-delay-in-hearing-on-use-of-breath-test-results/article_f0adb20d-c950-5d7d-9b6d-3eb9c198d4ef.html

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