MA DUI Case Breath Test Evidence Excluded

Client arrested for alleged OUI offense and transported to police station where she submits to breath test at police direction. Breath test machine reports “ambient air failure,” and aborts testing sequence. Police re-start machine and direct client to submit new breath samples seven (7) minutes later, with reported results of .25/.27 BrAC. Defense argues pre-trial motion to exclude breath test evidence for police failure to conduct a new fifteen (15) minute observation period upon reported “ambient air failure” as required by breath test machine manufacturer’s manual and police breath test operator training manual. Court allows Defense Motion, excluding breath test evidence at trial.

29 years of Proven Results.

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