Individuals who were arrested and charged with OUI/DUI between June, 2011 and April, 2019 may be soon eligible to have those convictions vacated and removed from their record.
After years of litigation challenging the use of improperly calibrated breathalyzer machines closure is finally in sight. An agreement between defense attorneys and district attorneys across the state will result on notices being sent to over 27,000 people convicted of OUI /DUI who took the breathalyzer test between June, 2011 and April, 2019.
Individuals arrested and charged with OUI/DUI between the June, 2011 and April, 2019 and took the breathalyzer may have made significant decisions based on the assumption that the breathalyzer results were admissible. Individuals may have decided to plead guilty after being told the result of .08 or above would permit a judge or jury to automatically find they were impaired. The idea of going to trial and thinking the police would be able to testify about the breathalyzer results likely impacted trial strategy decisions.
OUI/DUI convictions for even first offenses carry significant consequences: license suspensions, insurance premium increases, loss of employment and future opportunities.
If your OUI/ DUI occurred between June, 2011 and April, 2019 was a subsequent OUI/DUI offense or may be arrested in the future, vacating the prior conviction could be the difference between jail or probation and short license suspensions and years without a license.
District Attorneys across the Commonwealth will have to make a strategic decision about whether to go forward and retry these cases. However, the District Attorneys will be prohibited from introducing to a judge or jury the results of the breathalyzer tests. Trials will be often limited to witness testimony of observations they made of a single incident from years prior.
If you were charged with OUI/DUI and took the breathalyzer test between June, 2011 and April, 2019 and accepted responsibility or went to trial and lost, you will be eligible to file a Motion to Vacate the Plea/Trial. Contact Attorney Gilman Today for a Free Consultation at 978-612-6447.
From his Lunenburg office, attorney Matthew Gilman represents clients all over the state of Massachusetts. Fill out the form on this page or call the office today to connect with him and set up a free consultation. Matthew will discuss your case in the office or even in your own home and determine the best way forward for your unique situation.
