Judge Brennan has ruled, after years of litigation, that breath test results from the Alcotest 9510 breath test device from Draeger are admissible for those cases for which the machine was certified after April 18, 2019.
If you were recently arrested and charged with operating under the influence of liquor (“OUI”), your test could be ruled inadmissible unless the device was certified after April 18, 2019. All tests between Sept. 2011 and April 18, 2019 should be inadmissible.
If you were found guilty or pleaded guilty between Sept. 2011 and April 18, 2019 you may be eligible to have your conviction vacated upon a motion for new trial or a motion to withdraw your change of plea.
Contact me for a consultation.