After the decision from Judge Robert Brennan in regards to Commonwealth v. Ananias, Attorney Joseph D. Bernard and Attorney Thomas E. Workman published an article in Massachusetts Lawyer Weekly on April 10, 2017.
Attorney Bernard of Springfield represents OUI defendants in Western Massachusetts and was one of the lead attorneys in the Commonwealth v. Ananias case. Attorney Thomas E. Workman is an expert who testifies nationwide on the operation of breath-testing devices.
If your breath test is excluded and you have a trial, consider an instruction that informs the jury that a breath test was performed, but the results were unreliable.
Any please entered for clients who were tested on the 9510 should be evaluated to see if there was a breath test, and if that test was introduced at trial. If it was, and your client was found guilty of an offense with an alcohol component, you should consider filing a motion for a new trial.