Middlesex County Bar Association
On Thursday, May 25, 2017, at the Concord District Court Attorney Joseph D. Bernard and Attorney Anne Goldbach discussed Judge Brennan's ruling regarding the challenges to the reliability of the breathalyzer machine used in Massachusetts. Attorney Bernard discussed what was learned from the many experts who testified throughout the hearings challenging the breathalyzer machine. He further discussed the recent developments in the consolidated cases while covering other avenues of attack that attorneys can use to discredit the test results.
In February 2017, Judge Brennan ruled some of the tests results obtained by the Draeger 9510 breathalyzer as presumptively excluded from evidence at trial. The Commonwealth continues to litigate their ability to introduce the results of those tests.
To learn more about information that may affect your OUI case and how Judge Brennan's decision affects you contact Attorney Joseph D. Bernard 413-731-9995.
On Tuesday, May 16, 2017, Attorney Bernard was the chairperson and one of the featured speakers at the Massachusetts Continuing Legal Education (MCLE)
seminar for understanding breath testing at MCLE Conference Center, 10 Winter Place, via Winter Street.
As one of the lead lawyers in the two-week hearing attorney Bernard discussed the recent Daubert hearing conducted involving the Draeger 9510 breath machine. Experts from all over the world testified at this hearing which eventually impacted thousands of breath test across the state.
If you were unable to attend, that's okay there a recorded copy of the Webcast will be available Tuesday, May 30, 2017.
Greater Newburyport Bar Association
On May 11, 2017, Attorney Bernard spoke at the Greater Newburyport Bar Association Breathalyzer Training seminar.at the Newburyport Five Cents Savings Bank. Attorney Bernard discussed how to interpret Judge Brennan's decision Commonwealth v. Ananias, how to move forward with motions, and how defendants outside the suggested class can still benefit from the decision. Attorney Bernard and Attorney Anne C. Goldbach answered questions and gave more information.
Please note that on May 1, 2017, there was a correction as to the factual findings of the Memorandum of Decision issued by Judge Brennan, specifically correcting the date of deployment of the Alcotest 9510 breathalyzer to MA law enforcement agencies beginning June 2011 (and NOT June 2012).
Hampden County Bar Association - Draeger Presentation
On April 21, 2017, from 1:00 p.m. to 2:00 p.m. at the Springfield District Court. Attorney Joseph D. Bernard, Anne C. Goldbach, and Thomas Workman discussed how you can interpret Judge Brennan's decision, how to move forward with motions, and how defendants outside the suggested class may still benefit from the decision. This program was Co-Sponsored by the Massachusetts Association of Criminal Defense Lawyers (MACDL).
Draeger 9510 Decision Education Seminar
On April 13, 2017, from 2:00 p.m. to 4:00 p.m. in the Northampton District Court, Courtroom #3, Attorney Bernard accompanied by forensic expert Thomas Workman presented to the Hampshire County Bar Association an explanation of the Daubert/Lanagin decision by Judge Brennan. This was the first in a series of presentations around the Commonwealth. Issues discussed involved the policy and protocol utilized by the Office of Alcohol Testing (OAT) and how that can create defenses. Further, local issues involving the Northampton Police Department and breast test cases were discussed. How the Northampton Police Department deals with breath test cases, the Northampton Police Department utilization of videos and the police department's protocol regarding citizens rights pertaining to operating under the influence drunk driving cases.
The presentation also focused on breath test issues with the Northampton Police Department and possible defenses with regards to the Draeger Alcotest 9510 machine. Throughout the presentation, we discussed the towns of Northampton, Amherst, Hadley, South Hadley, Easthampton, Ware, Granby, Belchertown, Huntington, Middlefield, Southampton, Goshen, Williamsburg, Cummington, Pelham, Chesterfield, Plainfield, Hatfield, and Westhampton.