Boston Criminal Defense Lawyer Blog
Over the past several years, there has been extensive litigation in Massachusetts regarding a specific kind of breathalyzer machine called the Alcotest 9510 device. Challenges to this machine have revealed malfunctions and inconsistencies in the breath test results that the Commonwealth has consistently used in criminal proceedings.
Because of the Alcotest litigation, we now know that many defendants may have been unfairly convicted of driving under the influence (DUI) or operating under the influence (OUI). Breath test results from the Alcotest 9510 produced between June 2011 and April 17, 2019 are now banned from being entered into evidence in criminal cases. How does this reality affect criminal defendants who pled guilty to such a crime during the relevant time period?
Withdrawing Pleas in General
Under Massachusetts law, it is possible to withdraw a guilty plea under certain circumstances. Rules of criminal procedure say specifically that a defendant may successfully petition to withdraw a guilty plea if it appears that “justice may not have been done” at the trial stage. Courts can interpret this language however they see fit.
Withdrawing Pleas to OUI
Regarding defendants that have entered a guilty plea for OUI, there is a slightly different standard. If a defendant pled guilty to OUI, and if the police officer charging the defendant used an Alcotest 9510 device certified prior to April 2019, the defendant is “entitled to a conclusive presumption of egregious government misconduct.” This gives the defendant more leeway to withdraw his guilty plea for OUI if it involved the Alcotest 9510 device.
The Case Goes Before Massachusetts Court
In one recent case before a Massachusetts court, the defendant asked to withdraw his guilty plea for a 2013 OUI. Originally, the judge in a lower court granted the defendant’s motion to withdraw his plea. When the Commonwealth appealed, the higher court disagreed.
According to the higher court, the motion judge was only allowed to grant the defendant’s motion if he could find that there was a “reasonable probability” that the defendant would have not pled guilty had he known about the government misconduct. In this case, it was impossible to know whether the defendant would have pled guilty to OUI had he known about the errors in the Alcotest 9510 device. This was because the arresting officer noticed other signs of significant inebriation in the defendant, and this evidence could have been enough for the Commonwealth to secure a conviction, with or without the Alcotest results. The higher court therefore reversed the lower court’s order and indicated that the lower court should have an evidentiary hearing to reconsider the case.
While this case was not a win for the defendant, it helps pave the way so that future defendants know how to challenge their breath test results in order to successfully withdraw their guilty pleas. With questions about how the Alcotest litigation and this case might apply to you, contact a trusted Massachusetts criminal defense lawyer today.
Do You Need a Massachusetts Criminal Defense Lawyer?
Facing criminal charges in Massachusetts can be intimidating, but with the right attorney in place, you can be confident knowing you’re doing everything in your power to get your charges dropped. For a legal team that is experienced, creative, and client-centered, consider our firm at Law Office of Patrick J. Murphy. Give us a call at 617-367-0450 to schedule a free and confidential consultation today. You can also fill out our online form to contact us and have an attorney reach back out to you as soon as possible to discuss next steps.