Mass Supreme Court Rules that 27,000 Can Appeal OUI Convictions
The Massachusetts Supreme Court has ruled that roughly 27,000 people with drunk driving convictions can appeal for new trials if their cases were based on evidence involving the Alcotest 9510 breathalyzer. The Supreme Court ruling, written by Justice Frank M. Gaziano, also excluded any test conducted between June 1st 2011 and April 18, 2019 “in any pending or future prosecutions.”
Justice Gaziano cited extensive misconduct involving the State Police Office of Alcohol Testing (OAT) in the ruling. After former state chemist Annie Dookhan was found to have falsified drug tests, it was revealed that Dookhan had not been the “sole bad actor” when it came to the tests, which were found to be unreliable. Documents released earlier this year revealed the possibility of widespread misconduct which resulted in “the violation of the right to due process for approximately 27,000 defendants”, according to Judge Gaziano’s ruling.
Accordingly the thousands of defendants whose convictions were based on faulty evidence should not have to “bear the cost of proving that OAT’s conduct was egregiously impressible.” The approximately 27,000 defendants whose OUI convictions were impacted by OAT’s misconduct have been notified by the state.
If you have been charged with an OUI or DUI prosecutors need to bring reliable evidence to convict you. It’s critical to have an experienced Boston OUI or DUI attorney by your side who can go deeper than the charges and hold prosecutors and law enforcement accountable for the evidence they have gathered.
If the charges are based on evidence gathered between 2011 and 2019, your case may be impacted by faulty breathalyzer evidence and your defense should reflect that. At Dhar Law, LLP, we have successfully defended countless OUI and DUI cases. Please contact our experienced Boston DUI / OUI criminal defense attorneys to learn more and appeal / request a new trial for your drunk driving conviction today (617) 880-6155