DUI and Drug convictions

08/04/2012

 

In Massachusetts, the Supreme Judicial Court (SJC) ruled that state technicians do not have to be called to testify that the breath analysis device used to determine the blood alcohol content level of a DUI suspect is properly working.

 


Defense attorneys argued that the ruling is a violation of a defendant's Sixth Amendment right to confrontation, which gives people the right to cross-examine the witnesses against them, relying upon a U.S. Supreme Court ruling from 2009.

 

In the present case, the Massachusetts court noted a distinction between drug lab reports and the breathalyzer documents that proved the machine was functioning properly, finding these records to be business records that were intended "to guarantee, internally, as a matter of course, and, when necessary, in court, the accuracy and standardization of all breathalyzer testing across the various police departments of the Commonwealth."



In summary, the U.S. Supreme Court ruled that such DUI breathalyzer records are in fact non-testimonial, and thus the testimony of the technician who prepared the reports relating to the correct functioning of the device was not required under the Sixth Amendment on DUI cases.

 

 

Contact an expert drug defense attorney

 

 

 


 

If you would like to work with an attorney who has the expertise defending clients charged with drug offenses in Massachusetts, please do not hesitate to call today at 781-816-3950 for your free consultation or contact us online.

 


 

Si el español es el unico idioma, por favor pongase en contacto con nuestro traductor Eneria Noguera al 508-839-2376 o contactenos en linea.

 
Attorney at Law