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OUI Blood Draws and Implied Consent

Posted by Joseph Bernard | Aug 08, 2017 | 0 Comments

In many OUI cases involving accidents, citizens have been taken to the hospital where their blood was improperly taken at the request of a police officer. Because it often not possible for an officer to perform field sobriety tests or request a breath test in a case involving an accident, an offi...

New Northampton Office!

Posted by Joseph Bernard | Jul 05, 2017 | 0 Comments

Attorney Bernard is proud to announce that the Law Offices of Joseph D. Bernard now has an office in downtown Northampton! Attorney Bernard will be joining the Law Offices of Terrence A. Low and Anthony J. Canata at 4 Market Street, Northampton, MA 01060. The office is just a short walk to the No...

Challenging Prior OUI Convictions

Posted by Joseph Bernard | Jun 20, 2017 | 0 Comments

Clients facing a charge of OUI beyond a first offense may have a new means of challenging their prior convictions if they submitted to a breath test in prior cases. Judge Brennan held in Commonwealth v. Ananias that breath test results obtained from the Draeger Alcotest 9510 breathalyzer devices ...

Worcester County Bar Association

Posted by Joseph Bernard | Jun 16, 2017 | 0 Comments

Yesterday June 15, 2017, Attorney Bernard, Attorney Ed Ryan, and Attorney Louis Aloise presented at a seminar for the Worcester County Bar Association on all aspects of operating under the influence cases. A wide variety of topics was discussed, from the intake all the way through the end of a tr...

Motion to Suppress Allowed - 2nd Offence OUI

Posted by Joseph Bernard | Jun 06, 2017 | 0 Comments

Today, the court ruled the blood test evidence is precluded due to a Constitutional violation. We successfully argued on behalf of our client that the type of consent the police obtained was illegal. Hence, the strongest and maybe only piece of evidence against our client has now been suppressed!

Middlesex County Bar Association

Posted by Joseph Bernard | May 26, 2017 | 0 Comments

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 ...

Massachusetts Continuing Legal Education

Posted by Joseph Bernard | May 25, 2017 | 0 Comments

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-wee...

The Aftermath of the Draeger 9510 Decision

Posted by Joseph Bernard | May 23, 2017 | 0 Comments

Since Judge Robert Brennan's ruling on February 2017 in Commonwealth v. Ananias, Figeroa, et al., defense attorneys and prosecutors throughout the Commonwealth have been attempting to analyze and argue the boundaries of that decision. Judge Brennan ultimately came to the conclusion that any breat...

Massachusetts is an OUI state, not a DUI state

Posted by Joseph Bernard | Apr 25, 2017 | 0 Comments

In an interview with Hayley Crombleholme from channel 22 News, Attorney Joseph D. Bernard explained that "Anything a citizen does to electronically engage the vehicle in motion, by let's say putting your foot on the brake and pressing the button a lot of cars have, you are now operating the car."...

Hampden County Bar Association Draeger Presentation

Posted by Joseph Bernard | Apr 24, 2017 | 0 Comments

Attorney Bernard was at the Springfield District Court, on April 21, 2017 from 1:00 p.m. to 2:00 p.m. Attorney 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 ma...

Marijuana Breathalyzers?!

Posted by Joseph Bernard | Apr 14, 2017 | 0 Comments

Hound Labs, Inc. purports to be "a scientific device company that developed the first technology to rapidly, accurately, and inexpensively detect and measure the levels of both marijuana and alcohol in a person's breath." The corporation was formed in Oakland and was co-funded in 2014 by Dr. Mike...

South Hadley man arrested on 5th OUI charge

Posted by Joseph Bernard | Apr 07, 2017 | 0 Comments

A 42-year-old South Hadley man was arrested by police on March 26, 2017.  He was charged with operating a motor vehicle under the influence of liquor. This was the man's 5th offense. In an interview with Western Mass News Captain John Cartledge of the Northampton Police Department, states that "...

2017 MASTERING SCIENCE EVIDENCE in New Orleans

Posted by Joseph Bernard | Mar 23, 2017 | 0 Comments

Attorney Bernard is attending the national seminar with world renowned premier experts, dealing with the forensic evidence used in impaired driving cases. Lawyers from around the country who are members of the NCDD are in New Orleans with attorney Bernard at this nationally renowned forensic scie...

Ananias Decision Assists Everyone

Posted by Joseph Bernard | Mar 21, 2017 | 0 Comments

If you defend in the criminal courts, and you have cases that were stayed pending the resolution of the Daubert challenge to the reliability of the Draeger evidentiary breath-test device, you may be searching for some guidance with your cases.  The Courts appear to be pushing lawyers to select a ...

Draeger Memorandum of Decision

Posted by Joseph Bernard | Feb 20, 2017 | 0 Comments

COMMONWEALTH v. EVANDO ANANIAS, CHRISTIAN FIGUEROA, AND OTHERS MEMORANDUM OF DECISION ON CONSOLIDATED DEFENDANTS' MOTION TO EXCLUDE BREATH ALCOHOL CONTENT PERCENTAGE RESULTS USING THE ALCOTEST 9510 AND ANY OPINION TESTIMONY        In a consolidated litigation, defendants of the Boston Municip...

Draeger 9510 Hearing Beginning

Posted by Joseph Bernard | Jan 05, 2017 | 0 Comments

The Draeger 9510 hearing is scheduled to begin January 17, 2017, the court has allocated the entire week for this hearing. The defendants have employed experts from around the country to testify at the hearing. The experts within this matter specialize in aspects of administration of breath tests...

Fight to protect your future

If found guilty, you may be facing serious penalties and life altering consequences, including jail time, steep fines, court ordered alcohol treatment programs, and community service. In addition, your driver’s license can be suspended for an extended period of time. Depending on the specific circumstances pertaining to your case, your offense may be charged as a felony, which exponentially increases your penalties. Do not sit back and wait for your charges to resolve themselves. Be proactive and call immediately to secure the representation of Attorney Joseph Bernard to resolve your case in the most efficient way possible and with the most favorable outcome available to you.

Locations

Palmer Office

1012 Pleasant St
Palmer, MA 01069
413-283-8445

Springfield Office

100 Monarch Pl Suite 1100
Springfield, MA 01107
413-731-9995

Belchertown Office

5 Jabish St
Belchertown, MA 01007
413-323-6556

Northampton Office

4 Market Street
Northampton, MA 01060
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