The Massachusetts State Police Office of Alcohol Testing (“OAT”) intentionally withheld documents showing breath test machines may have provided at least hundreds of flawed results, according to defense attorneys. This latest revelation could ultimately affect over 58,000 cases since 2011, when the Commonwealth first began using the Dräger 9510 machines.
As a result, District Attorneys throughout the Commonwealth have again suspended the use of breath test results in trials and plea negotiations.
Furthermore, the Secretary for the Executive Office of Public Safety and Security which oversees the State Police and the OAT has stated his office is conducting an investigation of OAT processes. The Secretary also said he will hire a retired judge to oversee how the OAT and other State Police crime labs provide evidence to prosecutors and, ultimately, defense attorneys.