Massachusetts Breath Testing Problems

The Massachusetts Office of Alcohol Testing ("OAT") oversees the breath test program for the Commonwealth of Massachusetts. Each machine is assigned a serial number. These machines are inventoried and their maintenance and calibration is supposed to be tracked by the Office of Alcohol Testing. The Middlesex District Attorney has issued a press release. about a limited number of breath tests in Middlesex County.

The Boston Globe has issued a story today. An important piece of information should be the simulator solution test reports for these specific machines. Readers should note that the Worcester County case currently on appeal, 2013-P-1923, is for a separate issue involving the Office of Alcohol Testing. In that case, Kristopher M. Cormier contends that the government failed to follow required procedures and produce mandatory, ordered discovery in the Fitchburg District Court.

A copy of Massachusetts Rule of Professional Conduct 3.6 is on the Commonwealth of Massachusetts state website. It regulates pre-trial publicity, including comments to the media by prosecutors and lawyers.

As more information is made public concerning specific serial numbers of machines and specific dates, Russell Defense Firm will be contacting each client after reviewing all client files containing an Alcotest 9510 machine.

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