Massachusetts judge bans use of Breathalyzer test in court

  • Army recruit Kristopher Thompson, center, gets a Breathalyzer test as part of his processing through the MEPS station on South Houston Street in downtown Dallas, July 18, 2008. DALLAS MORNING NEWS VIA MCT/Louis DeLuca

Published: 1/10/2019 4:06:57 PM

BOSTON — A Massachusetts District Court has ruled that no Breathalyzer tests administered in the state can be used as evidence in court until the Office of Alcohol Testing proves its results are accurate.

The Republican reported Wednesday that Judge Robert Brennan says the office must undergo major reforms, including providing additional training for staff and instituting rules for complying with discovery requests similar to those followed by the state police’s crime management unit.

The decision comes after a judge found the office failed to release evidence to lawyers representing drunken driving defendants that showed around 400 Breathalyzer results were flawed.

The technical leader of the office was fired, and prosecutors tossed evidence from thousands of drunken driving cases as a result.

The office plans to apply for national accreditation by August 2019.

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