Breath Test Litigation Continues!

This afternoon at 2:00 p.m., Attorney Bernard will appear before Judge Brennan in the Concord District Court. The Commonwealth is requesting the court to amend or clarify two orders (one and three) from its January 9th memorandum. In regards to order one, the Commonwealth is asking the court to clarify how it is going to verify that the OAT is demonstrably and substantially likely to succeed in obtaining accreditation by one of two ways.

First, the Commonwealth is asking the court to consider that the OAT made its application in “good faith” and that should be taken into consideration with respect to the court’s decision to admit breath test results into evidence. Second, the Commonwealth is requesting that the court find that date of a field visit from the ANAB, and upon completion of the said visit, should show that the OAT is demonstrably and substantially likely to succeed thus satisfying the first order. However, Attorney Bernard is not in agreement with the Commonwealth’s suggested modifications and clarifications.

With respect to the third order, requiring that the OAT have the ANAB accreditation requirements posted on its website, OAT is seeking clarification that it will not be violating any licensing agreement by doing so.

We will provide an update based on the judge’s decision.

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