(BOSTON) MAY 21 – A CHALLENGE TO THE MACHINE THAT POLICE USE TO EVALUATE THE BREATH IN A BREATHALYZER HAS PUT 800 DWI CASES IN MASSACHUSETTS IN LIMBO AND MAY RESULT IN THEM ALL BEING THROWN OUT OF COURT.
FOX NEW RADIO’S BILL MARCUS HAS MORE.
DEFENSE ATTORNEY JOSEPH BERNARD SAYS LAWYERS WILL BE BACK IN COURT NEXT WEDNESDAY. USE OF THE MACHINES HAVE BEEN ON HOLD FOR A YEAR IN MASSACHUSETTS WHILE THE VERACITY OF THE MACHINES HAVE BEEN IN COURT. MEANWHILE, THE TOP COURT IN MASSACHUSETTS IS ALSO GRAPPLING WITH A RELATED QUESTION OF WHETHER A DRIVER HAS THE RIGHT TO CALL AN ATTORNEY BEFORE TAKING A BREATHALYZER TEST.
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IN A CLASS ACTION SUIT OF 800 ACCUSED OF FAILING A BREATHALYZER, SPRINGFIELD DEFENSE ATTORNEY JOSEPH BERNARD SAYS MORE CASES COULD BE INCLUDED IN THE FIGHT IF THOSE ACCUSED CHALLENGE THE MACHINES.