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Notices sent for DUI convictions based on inaccurate results

February 3, 2021 GMT

SALEM, Mass. (AP) — After an 11-month delay, notices are being sent to over 27,000 people across Massachusetts who might be eligible for a new trial in their drunken driving case.

The notices are the result of a 2019 finding that officials in the state police lab allowed improperly calibrated machines to be used for alcohol breath tests for years and then attempted to conceal the full extent of the problem, t he Salem News reported.


Anyone who pleaded guilty or admitted to sufficient facts in a drunk driving case between June 2011 — when the Draeger 9510 Alcotest machines were implemented — and April 18, 2019, might be eligible.

The notices explain that people who believe their cases may have been affected by the deceives have grounds to challenge the ruling as the results from the devices have been deemed inadmissible.

Springfield-area defense attorney Joseph Bernard said that the notices were “a huge development” for the thousands of people whose lives “were turned upside down” by an arrest and conviction that could have been influenced by faulty evidence from uncalibrated machines or corrupted by officials who withheld evidence.