Massachusetts Judge Excludes Results of Thousands of OUI Breathalyzer Tests

IF YOU WERE A DEFENDANT IN AN OUI CASE IN MASSACHUSETTS AND SUBMITTED TO A BREATH TEST PRIOR TO SEPTEMBER 13, 2015 THIS DECISION MAY AFFECT YOUR CASE.  IF YOU PLED TO AN OUI CASE IN MASSACHUSETTS DURING THESE TIME PERIODS BECAUSE OF A BREATH TEST READING YOU MAY BE ABLE TO REOPEN YOUR CASE

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Commonwealth v. G.O. – Ayer District Court (Concord State Police)

Charge(s) – OUI, Open Container of Alcohol, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was spotted traveling approximately 25 miles below the speed limit and unable to maintain the marked lanes. Officer stopped the vehicle which was identified as a cab with three passengers. Officer noticed a strong odor of alcoholic beverage.

Commonwealth v. G.O. – Ayer District Court (Concord State Police) Read More »

Commonwealth v. R.L. – Brockton DC (West Bridgewater PD)

Charge(s) – OUI 2nd Offense, Unregistered Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was stopped after his vehicle was seen drifting over the center line into oncoming traffic on three separate occasions. Officer detected a strong odor of alcohol on the client’s breath and observed his eyes to be glossy and

Commonwealth v. R.L. – Brockton DC (West Bridgewater PD) Read More »

Results From Massachusetts Breathalyzer Tests Are In Question

As a leading OUI defense attorney in Massachusetts, Attorney James Milligan is one of a few lawyers driving the state wide breath test litigation case questioning the validity and accuracy of breathalyzer machines across the Commonwealth of Massachusetts. Attorney James Milligan cross examined the Technical Director of the Massachusetts Office of Alcohol Testing (OAT), the

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Commonwealth v. J.C. – Fitchburg DC (Leominster PD)

Charge(s) – OUI, MArked Lanes Violation, Open Container of Alcohol, Minor in Possession of Alcohol Result: OUI – Not Guilty Client was stopped by police after a report of an erratic operator. Client’s vehicle crossed over the double solid yellow line multiple times. Officer detected a strong odor of an alcoholic beverage emanating from the

Commonwealth v. J.C. – Fitchburg DC (Leominster PD) Read More »

Commonwealth v. T.R. – Dedham District Court (Milton State Police)

Charge(s) – OUI, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was stopped after observed to be driving erratically and unable to stay within the marked lanes. Client was unable to produce a driver’s license but the passenger did. Officer detected a moderate odor of an alcoholic beverage emanating from the vehicle and

Commonwealth v. T.R. – Dedham District Court (Milton State Police) Read More »