Massachusetts State Police to District Attorneys: Possible Issue With Breathalyzer Tests

By LINDA BOCK

The Essex and Middlesex County District Attorney’s offices suspended the use of breathalyzer test results in operating under the influence cases until further notice, and the Norfolk District Attorney office is taking a case-by-case approach.

In mid-March, district attorney offices were notified by the Massachusetts State Police, that there was a possible issue with the breathalyzer devices.

Morrissey was informed that there was an issue in eight cases in the county, according to spokesman David Traub.

The district attorney’s office notified all defendants and lawyers with pending OUI cases in the county.

The cases spanned a period of 2013 to the present, according to Traub.

Four of the eight cases are still pending in Norfolk County, and the test results will not be used as evidence, according to Traub. Three cases were resolved by way of plea. However, lawyers and their clients were also notified. In those cases, clients may wish to stay with their pleas, in light of that police offered other evidence of drunk driving.

In the eighth case, that person had already been convicted at trial. Traub said the DA has joined with him in vacating the verdict.

“Essentially, those charges have been dropped,” Traub said.

Of the eight cases in Norfolk County, there are no cases in Walpole or Wrentham.

A statement from Norfolk District Attorney Michael W. Morrissey elaborated on the county’s stance:

The District Attorneys of Massachusetts continue to meet and speak with the Executive Office of Public Safety and Security on the use of Breathalyzer test evidence. The issues raised at this time are still centered around operator procedures. As a result of these ongoing discussions, I have requested additional documentation from the Office of Alcohol Testing. In an abundance of caution we will be joining other counties in asking the courts to continue OUI cases involving breathalyzer evidence while we analyze the requested documentation.

The Cape and Islands district has also suspended use of breath testing, according to the Boston Herald. District attorneys in Worcester and Suffolk counties have not suspended the use of breathalyzer testing.

>>> See also: Essex County DA Suspends Use of Breathalyzer Test Results in OUI Cases

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