Defense Lawyers Call on State to Ditch Breath-Test Device

On May 5, 2021, our firm, along with Attorney Steven Panagiotes, issued this open letter addressed to Trial Court Justice Paula M. Carey and District Court Chief Justice Paul C. Dawley. This open letter addresses the variety of concerning issues and problems with the Office of Alcohol Testing (OAT) in Massachusetts that impact the admissibility of breath test results that are currently being used to suspend driver’s licenses and criminally prosecute defendants in Court.

Massachusetts Lawyers Weekly (MLW) recently published this article regarding Attorney Bernard’s stance on taking the Draeger Alcotest 9510 out of service “immediately” in response to OAT’s failure to take action and inform the public as to these ongoing breath testing issues. In this article, Attorney Bernard is quoted as saying, “After over 10 years of complete dysfunction at the Office of Alcohol Testing, there comes a time when you just have to say enough is enough.” For more information on this matter, please visit the MLW article here.