June 2017 - Motion to Withdraw 2nd Offense Conviction Allowed and Case Dismissed
My client had a closed case where he was convicted of OUI - 2nd offense after being stopped at a roadblock. He submitted to a breath test, and the result was used as evidence against him.
Potential incarceration for no less than 60 days, 30 days mandatory, with a fine between $600 and $10,000, in addition to a 2 year loss of license for the conviction.
The breath test result used to prosecute my client was obtained from a breathalyzer device that was last calibrated between June 2011 and September 14, 2014. Based on Judge Brennan's decision in Commonwealth v. Ananias, this breath test result is now presumptively excluded from evidence and cannot be used to prosecute a defendant. I filed a motion to withdraw the OUI-2nd offense conviction based on Judge Brennan's decision. The motion to withdraw was allowed and re-opened the case. The Commonwealth chose not to further prosecute my client and dismissed the charge. My client received a tremendous result which allowed him to pursue a higher level position in his career.