INVALID BREATHALYZER TESTS IN MASSACHUSETTS
The Massachusetts courts have declared breath test results from the Draeger (Drager) 9510 Breathalyzer unreliable and thus invalid and any conviction (or guilty plea or admission to sufficient facts) that followed use of a Draeger 9510 breath test may be set aside as an invalid conviction. Setting aside a conviction may eliminate an interlock device requirement, restore your driver's license, or reduce the sentence consequences of subsequent cases.
Visit our Challenging Your Conviction page for more information.
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On February 2, 2021, the District Court issued the following statement regarding Breath Test cases:
"At present, the District Court is operating under District Court Standing Order 12-20, which, due to the safety risks posed by COVID-19, limits the matters that Courts must hear. Motions for new trials or to vacate pleas or admissions are not among the limited matters that courts must hear at present. Thus, while Standing Order 12-20 remains in effect, Courts will accept such motions for filing but are not required to schedule the matter for a hearing until court operations return to their normal course and Courts have the ability and resources to conduct such hearings."
On February 5, 2021, the Trial Count sent notice to persons whose cases were affected by the Draeger 9510 Breathalyzer.
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