Your case is then an active case in the court system and the Bernard Defense Team can begin to litigate it as such. This does not mean your case is automatically dismissed.
Once your motion to vacate your plea or motion for a new trial is allowed, your case is officially reopened.
The Motion to Vacate Plea or Motion for New Trial was allowed, now what? However, it may be a lengthy period of time before the judge issues a decision. Based upon the strength and significance of the newly discovered evidence about the serious problems with breath test results, we are confident in the success of these motions. The judge will examine whether there was other overwhelming evidence of impairment even without the breath test result. What happens after the Motion to Vacate Plea or Motion for New Trial is filed?Īfter the Bernard Defense Team files a motion to vacate your plea or a motion for a new trial with the court in which you were convicted, it is up to a judge to determine whether to allow your motion. Bernard will be able to review your matter and determine whether there is a valid motion to vacate your plea or motion for a new trial in your case. If you believe this pertains to you, The Law Offices of Joseph D. The outcome was what I was hoping for and could not be more pleased.Īs a result of an OUI conviction, many defendants suffered a loss of license, were denied employment opportunities, were mandated to turn over firearms licensing, and are still subject to driver’s license restrictions such as an interlock ignition device. Thus, the Court held that breath test evidence from a breathalyzer that was last calibrated between June of 2011 and Apshould be excluded in OUI prosecutions. The Court found that OAT was in compliance with all court orders as of April 18, 2019. EOPSS released an investigative report finding that OAT made “serious errors of judgment in its responses to court-ordered discovery, errors which were enabled by a longstanding and insular institutional culture that was reflexively guarded, which frequently failed to seek out or take advantage of available legal resources, and which was inattentive to the legal obligations borne by those whose work facilitates criminal prosecutions.” The EOPSS investigation further revealed that “OAT’s response to motions reveals a system that was haphazard at best, and which frequently failed to produce responsive documents that were in OAT’s possession.” Ultimately, the government agreed that OAT’s misconduct was not just negligent, but intentional.īased upon this intentional misconduct, breath test evidence was excluded by the Court until OAT could show that it was in compliance with necessary orders to correct the serious lack of trust in the crime laboratory, including the requirement that OAT apply for accreditation. The Court not only agreed with Attorney Bernard that breath test results from this particular time period were scientifically unreliable, it sanctioned the Office of Alcohol Testing (OAT) after it was uncovered by the late breath test expert Thomas Workman that OAT had intentionally withheld court ordered documents that showed that the breathalyzer devices were failing the calibration process.Īs a result of this discovery, OAT was investigated by the Executive Office of Public Safety and Security (EOPSS). Ananias, the statewide litigation challenging the scientific reliability of breath test results in Massachusetts. The reason for this begins with Attorney Bernard’s work in the statewide litigation Commonwealth v. If you were convicted of an OUI/DUI in Massachusetts and submitted to a breathalyzer that was calibrated between June of 2011 and April 18, 2019, you may be eligible to have your case reopened. The CCP 663 Mtn was heard 3 months after demurrer hearing, because the court requires a reservation,&that was the 1st available reservation, which was made on the day same the demurrer was sustained.Springfield Motion to Vacate Lawyer The Fallout of Breath Test Evidence: Motion to Vacate Plea or Motion for New Trial In Trial Court we filed a Mtn to Vacate Jdmnt &Enter New Judmnt (CCP 663) re sustaining of demurrer by the trial court, and sua sponte, based on law cited by neither party, stated that such a motion did not apply to rulings re demurrers.