DAs Across Mass. Say They Will Not Use Certain Breathalyzers As Evidence

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District attorneys across the state say they will no longer user certain breathalyzer tests as evidence in trials or plea negotiations until they receive more information from the state Office of Alcohol Testing.

The decision comes in response to a motion filed by five attorneys who say they've uncovered evidence that the state knew some breathalyzer machines were faulty, yet failed to notify defense attorneys.

At issue is the Draeger 9510 breathalyzer machine and it's ability to be accurately calibrated. The motion alleges that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, deliberately withheld documents showing the machines were not able to accurately measure alcohol levels.


Joe Bernard, lead attorney representing clients against the Commonwealth of Massachusetts in Commonwealth v. Evando Ananias et al . He tweets @joedbernard.

Nancy Gertner, retired federal judge and WBUR legal analyst. She tweets @ngertner.

This segment aired on August 24, 2017.



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