District Attorney offices throughout the Commonwealth continue negotiations with representatives of the defense bar regarding the admissibility of breath test results at trial. Some possibilities include expanding the time of presumptively excluded breath tests to include all tests performed since the Dräger 9510 machines were put into service in 2012 through at least 2017. Another potential outcome is to give both prosecutors and defense counsel online access to all maintenance and service records for each machine.
We expect that all defense attorneys for cases joined in the current litigation will receive notice of any proposed agreements, with some time available for comment or objection, before any final agreement is approved by the court.
Until a final agreement is approved by the court, most DA offices continue to refrain from introducing breath test results as evidence at trial.
