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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.

Maximum Penalty:

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.

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.


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