The Massachusetts Supreme Judicial Court recently modified the scheduling order set by the District Court Department regarding the defense bar’s challenge to the scientific reliability of the Draeger Alcotest 9510 breath test machines. Justice Botsford, citing the complex nature of the matter, extended the litigation into next year. The modified schedule allows the defense bar more time to examine the machines and for all parties to produce and review expert opinions.
Pursuant to the modified schedule, the defense bar must return the machines to the Massachusetts Office of Alcohol Testing by November 21, 2016 and expert reports will be exchanged by December 5. The defense Daubert/Lanigan motion will be filed by December 15 and the Commonwealth’s response will be received by January 5, 2017.
Justice Botsford noted the significant judicial resources allocated to the matter and that the resolution of more than fifteen hundred cases depends on the final adjudication of the proceedings. Therefore, she ordered that the final hearing in district court be held no later than January 31, 2017 and that no further extensions be granted unless allowed by the presiding judge.
