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A Road map for the older OUI case in the wake of 'Ananias'

Posted by Joseph Bernard | Apr 12, 2017 | 1 Comment

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.

About the Author

Joseph Bernard

Joseph Bernard has practiced in Hampden County, Springfield Massachusetts for over 20 years and reside in Belchertown, Massachusetts.

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Posted Apr 21, 2017 at 01:26:37

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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.

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