On October 16, 2017, Daniel Bennett, Secretary of The Executive Office of Public Safety, issued findings based upon their investigation into the Office of Alcohol Testing (OAT), the agency that maintains the breath test devices in Massachusetts based upon allegations of malfeasance. This investigation comes on the heels of allegations from Attorney Jay Milligan and others that members of the OAT willfully violated court orders to produce certain documents pursuant to the statewide litigation earlier in the year. Commonwealth v. Ananias et al. Secretary Bennett in their review of OAT’s response to the discovery motions filed in the Ananias litigation
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Massachusetts State Police Agency Failed to Provide Information Helpful to OUI Defense Attorneys
A report by the Massachusetts Executive Office of Public Safety has concluded that the Office of Alcohol Testing, which is overseen by the Massachusetts State Police, “made serious errors in judgment” in responding to requests for documentation sought by defense attorneys on behalf of clients. This could have ramifications for several hundred people charged with operating under the influence in Massachusetts, and perhaps thousands of others. If you were convicted of an OUI in Massachusetts prior to 2016 and a breathalyzer test was used as evidence in your case, the accuracy of your breathalyzer test could be in question and
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OUI DUI Attorneys – Massachusetts withheld evidence about breathalyzers
OUI DUI defense lawyers, including Attorney James Milligan, representing 750 drunken driving defendants in Massachusetts say the state withheld evidence that might show breathalyzer results were flawed. The Boston Globe reports (http://bit.ly/2vrag83 ) the lawyers believe they are missing about 400 potentially exculpatory documents detailing the calibration of the devices. The Office of Alcohol Testing handed over about 2,000 documents, most of which showed proper calibration. The lawyers say the state withheld similar documents in a separate case this month that ultimately showed flawed results. They say the documents they are missing may also show calibration problems. The state says
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Massachusetts Judge Excludes Results of Thousands of OUI Breathalyzer Tests
IF YOU WERE A DEFENDANT IN AN OUI CASE IN MASSACHUSETTS AND SUBMITTED TO A BREATH TEST PRIOR TO SEPTEMBER 13, 2015 THIS DECISION MAY AFFECT YOUR CASE. IF YOU PLED TO AN OUI CASE IN MASSACHUSETTS DURING THESE TIME PERIODS BECAUSE OF A BREATH TEST READING YOU MAY BE ABLE TO REOPEN YOUR CASE AND PERHAPS GO TO TRIAL. Sweeping Decision Issued on February 16, 2017 regarding the Breath Testing in Massachusetts A Decision was issued today by the Honorable Judge Brennan In the matter of COMMONWEALTH v. EVANDO ANANIAS, CHRISTIAN FIGUEROA, AND OTHERS This Decision addressed issues regarding a statewide
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Results From Massachusetts Breathalyzer Tests Are In Question
As a leading OUI defense attorney in Massachusetts, Attorney James Milligan is one of a few lawyers driving the state wide breath test litigation case questioning the validity and accuracy of breathalyzer machines across the Commonwealth of Massachusetts. Attorney James Milligan cross examined the Technical Director of the Massachusetts Office of Alcohol Testing (OAT), the organization that maintains all the breath test instruments in Massachusetts. What attorney Milligan learned during this four hour examination was not only shocking but it could have tremendous implications to those charged and convicted of OUI in Massachusetts over the past several years. It was
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Technical problems could overturn recent drunk driving convictions in Massachusetts
If you’ve been convicted or admitted to drunk driving (OUI or DUI) offense in Massachusetts within the past two years because you took a breath test and allegedly failed, your conviction may be overturned due to a recent report regarding the accuracy of breathalyzers. Contact us directly to learn if your case may be overturned. Jay Milligan Board Certified DUI Defense Attorney 306 Washington Street Norwell, MA 02061 Office – (781) 878-1231 Cell – (617) 851-7155 Fax – (781) 878-6550
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