Have you been convicted of an OUI in Massachusetts between June 2011 and September 14, 2014? If so, did you submit to a breathalyzer during this time?
If you answered yes to either of these two questions, you might be eligible to have your plea withdrawn, or you can request a new trial due to court decision that deemed these types of breath tests presumptively unreliable. Thanks to Attorney Bernard's work in the case of the Commonwealth v. Ananias, Judge Robert Brennan declared that breath test results from Draeger 9510 breathalyzer devices used during the time period stated above are unreliable, and therefore cannot be used as evidence against you. If you believe this pertains to your OUI case, you should immediately consult with our attorneys. The legal team at The Law Offices of Joseph D. Bernard can review the details of your case and determine if there is a potential motion to withdraw your plea or the possibility of getting you a new trial.
What happens after the motion to withdraw or motion for new trial?
After the Law Offices of Joseph D. Bernard files a motion to withdraw or a motion for a new trial with the court, it is up to a judge to determine whether to allow your motion to go through. Based upon the strength and significance of the newly discovered evidence about these issues with breath test results, we are confident that your motion would be allowed without much resistance. However, it can be a long period of time before you receive word of the judge's decision.
The motion to withdraw or motion for new trial was allowed, now what?
After your motion to withdraw or motion for a new trial is approved by the judge, your case will be officially re-opened. This does not necessarily mean that your case is automatically dismissed. Instead, your case will be treated as an open case and the Law Offices of Joseph D. Bernard can begin to litigate it as such. Our team of OUI attorneys can then pursue your innocence without the Commonwealth being able to use your breath test results as evidence against you.