Product Description

Since Judge Robert Brennan issued a decision in Commonwealth v. Ananias stating that breath test results obtained from a Draeger 9510 breath test device that was last calibrated between June 2011 and September 14, 2014 are presumptively excluded from evidence, it was learned that the Office of Alcohol Testing (OAT) withheld court ordered discovery and exculpatory information. The Executive Office of Public Safety and Security ("EOPSS") investigated OAT’s discovery practices which brought many troubling pieces of information to light: "OAT failed to provide prosecutors with hundreds of "incomplete" certification worksheets, documentary evidence that breath testing instruments had failed to properly calibrate during OAT’s certification process; OAT generated records that reflected when breath test instruments were sent to their manufacturer for repair; and internal testing records that would appear to fall squarely into the category of documents that had been ordered to be produced in pending criminal prosecutions."

In this seminar, the expert faculty prepares you to effectively challenge the results of breath tests. The technical issues will be broken down so that you understand what the problems with the machines were. The faculty also reviews and summarizes the 670+ pages released by EOPSS. Walk through the discovery involved in a breathalyzer case with the attorneys involved in this landmark litigation. What should you ask for? What should you look for in the documents you receive? Where in the produced discovery are challengeable issues or flaws with the testing revealed? Finally, the expert faculty explain how this most recent breath testing failure may apply to OUI prosecutions obtained from other breath test devices and specifically address accuracy problems with the Draeger Units that date back over 12 years.

Agenda & Materials

• 2:00 - 2:05

  Welcome and Introduction

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  Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC , Springfield
  
• 2:05 – 2:20

  Commonwealth v. Camblin and the Computer Source Code

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  Casey E. Silvia, Esq., Appeals Court, Commonwealth of Massachusetts , Boston
  
• 2:30 - 3:00

  Commonwealth v. Ananias and follow up - EOPPS Investigate Report

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  Anne C. Goldbach, Esq., , Newtonville
  
• 3:00 - 4:00

  Science of Breath Testing

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  Joseph D. Bernard, Esq., Law Offices of Joseph D. Bernard, PC , Springfield
  
• 4:00 - 4:50

  OAT Standard Discovery Packets

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  Thomas E. Workman, Jr., Esq.,
  
• 4:50 – 5:00

  Challenging Test Results

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  Thomas E. Workman, Jr., Esq.,
  

Chair

Faculty