Massachusetts State Police to District Attorneys: Possible Issue With Breathalyzer Tests

The Essex and Middlesex County District Attorney’s offices suspended the use of breathalyzer test results in operating under the influence cases until further notice, and the Norfolk District Attorney office is taking a case-by-case approach.

Essex County DA Suspends Use of Breathalyzer Test Results in OUI Cases

The Cape and Islands district has also suspended use of breath testing, according to the Boston Herald. District attorneys in Worcester and Suffolk counties have not suspended the use of breathalyzer testing.

In mid-March, district attorney offices were notified by the Massachusetts State Police, that there was a possible issue with the breathalyzer devices.

Norfolk County District Attorney Michael Morrissey was informed that there was an issue in eight cases in the county, according to spokesman David Traub.

The district attorney’s office notified all defendants and lawyers with pending OUI cases in the county.

The cases spanned a period of 2013 to the present, according to Traub.

Four of the eight cases are still pending in Norfolk County, and the test results will not be used as evidence, according to Traub. Three cases were resolved by way of plea. However, lawyers and their clients were also notified. In those cases, clients may wish to stay with their pleas, in light of that police offered other evidence of drunk driving.

In the eight case, that person had already been convicted at trial. Traub said the DA has joined with him in vacating the verdict.

“Essentially, those charges have been dropped,” Traub said.

Of the eight cases in Norfolk County, there are no cases in Walpole or Wrentham.